The Ministry of Women and Child Development told parliament that
19,223 women and children were trafficked a year ago against 15,448 of every
2015, with the highest number of victims recorded in West Bengal.
Rehabilitation of Trafficked Children in India: Socio and Legal framework
Child trafficking is widely a threat of global proportions. In India,
almost 20,000 children and women were victims of human trafficking in 2016, a
rise of nearly 25 percent from the previous year, government data released on
Thursday showed. The Ministry of Women and Child Development told parliament
that 19,223 women and children were trafficked a year ago against 15,448 of
every 2015, with the highest number of victims recorded in West Bengal.
issue of trafficking of children for business sexual abuse and forced lobour so
on is particularly challenging because of its heap complexities and variation.
Poverty, low status of women, lack of a protective environment etc. are some of
the causes for trafficking. This article deals with the framework of trafficking
child victims. It discusses major areas of child trafficking, steps taken by the
government to prevent the child trafficking, role of state in rescue,
rehabilitation and reintegration of trafficked child victims. It also covers the
activities of national and international agencies in the prevention of child
Child Trafficking is a crime which involves movement of children so as to
exploit them. Trafficking of children for commercial sexual exploitation and
Is an organized crime that violates basic human rights. Poverty,
lack of a protective environment etc. are some of the causes for trafficking.
Remembering the above issues and holes the government has defined numerous
Central Schemes for Prevention of Trafficking for Rescue, Rehabilitation and
Re-Integration of child Victims of Trafficking "comprehensive Scheme for
Prevention of Trafficking for Rescue, Rehabilitation and Re-Integration of
Victims of Trafficking for Commercial Sexual Exploitation-Ujjawala". The new
plan has been imagined basically with the end goal of preventing trafficking
from one viewpoint and rescue and rehabilitation of child victims on the other.
India is a source, destination, and transit country for children subjected to
forced labor and sex trafficking. Within India, some are subjected to forced
labor in sectors such as construction, steel, and textile industries; wire
manufacturing for underground cables; biscuit factories; pickling; floriculture;
fish farms; and ship breaking.
In addition to bonded labor, some children are
subjected to forced labor as factory and agricultural workers, domestic
servants, and beggars. Begging ringleaders sometimes maim children to earn more
Some NGOs and media report girls are sold and forced to conceive and
deliver babies for sale. Conditions amounting to forced labor may be present in
the Sumangalis cheme in Tamil Nadu, in which employers pay young women a lump
sum, used for a dowry, at the end of multi-year labor contracts.
A few children,
purportedly as youthful as 6 years of age, are persuasively expelled from their
families and constrained by separatist gatherings, for example, the Maoists in
Bihar, Chhattisgarh, Jharkhand, Maharashtra, West Bengal, and Odisha to go about
as spies and dispatches, plant ad libbed touchy gadgets, and battle against the
Experts’ estimates millions of children are victims of sex trafficking in India.
Traffickers increasingly use websites, mobile applications, and online money
transfers to facilitate commercial sex. Children keep on being subjected to sex
trafficking in religious journey focuses and tourist destinations. Many child
girls—predominately from Nepal and Bangladesh and from Europe, Central Asia, and
Asia, including minority populations from Burma—are subjected to sex trafficking
Prime destinations for both Indian and foreign child trafficking
victims include Kolkata, Mumbai, Delhi, Gujarat, Hyderabad, and along the
India-Nepal border; Nepali women and girls are increasingly subjected to sex
trafficking in Assam, and other cities such as Nagpur and Pune. Some law
authorization officers protect suspected child traffickers and brothel owners
from law requirement endeavours, take bribes from sex trafficking foundations
and sexual services from victims, and tip off sex and labor traffickers to
hinder safeguard efforts.
Some Indian migrants who willingly seek employment in construction, domestic
service, and other low-skilled sectors in the Middle East and, to a lesser
extent, other regions face forced labor, often following recruitment fraud and
exorbitant recruitment fees charged by labor brokers. Some Bangladeshi migrants
are subjected to forced labor in India through recruitment fraud and debt
Following the April 2015 Nepal earthquake, Nepali women who transit
through India are increasingly subjected to trafficking in the Middle East and
Africa. Some boys from Bihar are subjected to forced labor in embroidery
factories in Nepal, while some boys from Nepal and Bangladesh are subjected to
forced labor in coal mines in the state of Meghalaya, although reportedly on a
smaller scale than in previous years. Burmese Rohingya, Sri Lankan Tamil, and
other refugee populations continue to be vulnerable to forced labor in India.
The Government of India does not completely meet the base standards for the
disposal of trafficking; be that as it may, it is endeavoring critical endeavors
to do as such. Sfor the first time, the National Crime Record Bureau's Crime in
India report included information on trafficking investigations, prosecution,
and convictions. The information exhibited enthusiastic endeavours to combat
human trafficking but reflected a moderately low number of law authorization
activity for the size of trafficking in India and a low conviction rate by and
large. Moreover, the scope of law enforcement action on forced labor and the
range of sentences applied to convicted traffickers remained unclear because the
data was not comprehensive.
The Ministry of Home Affairs (MHA) revised its
strategy guiding Anti-Human Trafficking Units (AHTUs), to ensure more effective
identification and investigation of trafficking cases and coordination with
other agencies to refer victims to rehabilitation services.
victim protection remained inadequate and inconsistent, and the government
sometimes penalized victims through arrests for crimes committed as a result of
being subjected to human trafficking. The government revised, but did not
repeal, its policy restricting travel of some Indians identified as trafficking
victims abroad by a foreign government and of their family members.
International Legal Framework on Trafficking of Children
There are a number of international conventions and instruments which have been
enacted to counter trafficking in human beings and measures for its eradication.
Some of the most important documents regulating the problem of trafficking in
Convention on the Rights of the Child
The united nation’sConvention on the Rights of the Childis the most
important and dynamic tool for the promotion and protection of child rights. The
Convention guarantees the right to survival and development of the children, as
well as protection from all forms of neglect, abuse and exploitation.
signatories have taken the pledge for developing and implementing adequate
national, bilateral and multilateral measures for the prevention of the abuse,
sale or trade of children for whatever purpose and in whatever form. Besides,
the signatory states are also obliged to undertake all measures needed for the
physical and psychological recovery and social re-integration of the
child-victim in an environment beneficial to the health, self-esteem and dignity
of the child.
This includes, in the first place, the right to be accommodated in
shelters and have access to health and educational institutions.
Optional Protocol to the Convention on the Rights of the Child on the Sale of
Children, Child Prostitution and Child Pornography (2000)
The Optional Protocol to the Convention on the Rights of the Child on the sale
of children, child prostitution and child pornography supplements the Convention
on the Rights of the Child in which prostitution and the trade in children are
explicitly deemed violations of the rights of the child.
Convention on the Worst Forms of Child Labour
The International Labour Organisation Convention no. 182 on the Worst Forms of
Child Labour outlines four worse forms of child labour abuse which are:
1.All forms of slavery or slavery-like services, like sales and trade of
children, debt bondage and servitude, as well as forced and compulsory work,
including forced and coerced recruitment of children to be involved in armed
2.Use, delivery and offer of a child for prostitution, production of
pornographic materials or participation in pornographic performances;
3.Involvement of children in illicit activities like production and sale
of drugs, as defined in the relevant international agreements;
4.Any work that by its nature or circumstances in which it is performed is
damaging for the health, security or moral of a person under the age of 18
As is seen the Convention contains rules for the efficient elimination of
trafficking in children and recommendations to undertake measures for the
protection of potential child victims of trafficking. In Convention no. 182
(Article 3a) trafficking of children is listed as one of the worst forms of child
labour. This is an issue which has received considerable attention in
development policy and practice. In relation to children, anti-trafficking
efforts revolve predominantly around discouraging or removing children from
UNICEF and UNODC Efforts in Preventing and Combating Child Trafficking in India
Different United Nations agencies have done commendable work in the arena of
preventing and combating child trafficking world over. The efforts of UNICEF and
UNODC towards fighting this menace in India deserve special mention in this
UNICEF is guided by the Convention on the Rights of the Child (CRC), which has
been ratified by most countries. The UNICEF strategy for addressing child
trafficking focuses on four main areas: Raising awareness about the problem;
providing economic support to families; improving the access to and quality of
education and; Advocacy for the rights of the child.
The implantation of the
Integrated Child Protection Scheme (ICPS) newly launched by the Government of
India is supported by UNICEF so as to create a protective environment for
children through the improvement and expansion of services for children in need
of care and protection and children in conflict with the law under the
provisions of the Juvenile Justice Act and related legislation.
In order to contribute to a reduction of child labour by strengthening child
protection structures to adequately protect children against exploitation and
abuse, improving the quality of education to increase enrolment and retention,
raising awareness and empowering families and communities so that they take
collective action against child labour, and addressing exclusion of vulnerable
families to service provision and social protection schemes, UNICEF adequately
supports the government.UNICEF also works in close collaboration with the
Ministry of Women and Child Development and other stakeholders to reduce the
incidence of child marriage, ensuring implementation of the Prohibition of Child
Marriage Act and addressing the social norms that underline this practice.
addition to these, there are other areas where UNICEF supports the Government of
India and other partners in their efforts of prevention of child trafficking and
the rehabilitation, return, and integration of trafficked children; the fight
against corporal punishment; promotion of birth registration; and strengthening
its knowledge base on the situation of children and child protection issues in
the country. UNODC on the other hand provides livelihood and psychosocial
support to survivors of trafficking in shelter homes, especially women and
children in India.
In close collaboration with state governments and NGOs UNODC
also strives to ensure quality care and support services to victims of human
trafficking, The caregivers were trained on issues of self-esteem and emotional
intelligence while dealing with women and children, addressing inter-personal
relationships in the shelter home and even dealing with their own feelings as
caregivers. They were also motivated to adopt stress management techniques apart
from orienti was also initiated by UNODC to provide quality care and support
services to vulnerable children at risk of physical and sexual abuse and to
provide comprehensive rehabilitation opportunities to trafficking survivors.
initiative was significantly aimed at strengthening community structures and
building institutional capacity of non-governmental and governmental
organizations working with children, and initiate training on child protection
for care providers.
Through its engagement with the Ministry of Women and Child Development, UNODC
and state governments of Tamil Nadu, Kerala, Andhra Pradesh, Uttar Pradesh and
Karnataka provided psycho-sociological training to more than 650 care givers
from takers to understand the needs and emotions of children in need of care and
protection in a better manner.
In the state of Tamil Nadu, with an aim to
understand the psycho-sociological needs of children (including those with
mental disabilities), UNODC is supporting an organization in partnership with
Nimhans to conduct a quick assessment and develop a model to enhance the quality
of life of children living in government their psycho-social condition, to
identify children with mental health problems and start early intervention.
This initiative has been appreciated since it addressed an area that is usually
neglected the mental health of children in shelter homes. Also UNODC in its
efforts to strengthen victim/witness protection has collaborated with one of its
partners in the state of Andhra Pradesh with the following envisaged outcomes:
increased conviction of traffickers, increased number of witnesses attending
court, increase in charge sheets filed, reduced instances of retrafficking,
reduced adjournments and speedy disposal of cases. In addition to that, the Ngo
was supported to provide training to the judiciary to ensure speedy disposal of
cases, thereby reducing the chances of traffickers going free without
punishment. As a result, the conviction rate of traffickers and brothel keepers
in the state has increased; because of the efforts of UNODC’s work centers on
strengthening criminal justice responce.
Legal Framework to address Child Trafficking in India
Article 23(1) of the Indian constitution specifically prohibits trafficking in
Also Article 24 prohibits all forms of forced labour and provides that no child
under the age of fourteen can be employed in any factory or mine or in hazardous
The Immoral Traffic (Prevention) Act, (ITPA) 1956 states about trafficking and
its objective is to abolish trafficking of child girls for the purpose of
prostitution by an organized means of living. The offences specified in the Act
are procuring, including or taking persons for prostitution; detaining a person
in premises where prostitution is carried on; prostitution is or visibility of
public places; seducing or soliciting for prostitution; living on the earnings
of prostitution; seduction of a person in custody; and keeping a brothel or
allowing premises to be used as a brothel.
The Child Labour (Prohibition and Regulation) Act, 1986  prohibits employment
of children in certain specified occupations and also lays down conditions of
work of children.
The Information Technology Act, 2000 states about penalty for publication or
transmission in electronic form of any material which is lascivious or appeals
to prurient interest or if its effect is such as to tend to deprive and corrupt
persons to read, see or hear the matter contained or embodied therein.
has relevance to addressing the problem of pornography. India has also adopted a
code of conduct for Internet Service Providers with the objective to enunciate
and maintain high standard of ethical and professional practices in the field of
Internet and related services. Juvenile Justice (Care and Protection of
Children) Act, 2000which has been enacted in consonance with the Convention
on the Rights of the Child (CRC) consolidates and amends the law relating to
juveniles in conflict with law and to children in need of care and protection.
The law is especially relevant to children who are vulnerable and are therefore
likely to be inducted into trafficking.
Under theIndian Penal Code, 1860there are 25 provisions relevant to
trafficking. The most significant among them are Section 366A which makes
procuring of a minor girl below 18 years of age) from one part of the country
to another punishable; Section 366B which makes importation of a girl below 21
years of age punishable; Section 374 which provides for punishment for
compelling any person to labour against his will. Moreover, some states have
also enacted their own Acts to prevent child trafficking.
The Karnataka Devadasi (Prohibition of Dedication) Act, 1982  has made the
act of dedication of child girls for the ultimate purpose of engaging them in
prostitution unlawful whether the dedication is done with or without consent of
the dedicated persons.
The Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989  imposes a
penalty of imprisonment for three years and fine are stipulated in respect of
anyone, who performs, specifically defines trafficking.
Every type of sexual
exploitation is included in the definition of sexual assault. The responsibility
of ensuring safety of children in hotel premises under the Act is assigned to
the owner and manager of the establishment; photo studios are required to
periodically report to the police that they have not sought obscene photographs
of children and stringent control measures are established to regulate access of
children to pornographic materials.
However, though the Immoral Traffic (Prevention) Act, 1986 and the Indian Penal
Code, 1860 addresses the issue of trafficking in human beings, they do not
provide a comprehensive legal framework for protecting children from
The greatest shortcoming of the Immoral Traffic (Prevention) Act,
1986 and the Indian Penal code, 1860 is that they neither provide for a
definition of child trafficking nor prohibit activities committed by child
traffickers in compliance with the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children (the recruitment,
transportation, transfer, harbouring or receipt of a child for the purpose of
Furthermore it has to be highlighted that the domestic legal framework
addressing trafficking in human beings does not contain provisions in relation
to the assistance that should be provided to child victims in order to support
their recovery and reintegration. These loopholes should be urgently addressed
through an effective harmonization process with that of the Indian Penal Code,
1860 and the provisions of the Trafficking Protocol.
Initiatives Undertaken By the Indian Government for Protection and
Rehabilitation of Children
The Government of India has taken many initiatives to ensure maximum protection
1. Establishing Child Line: A child in distress or an adult on his/her behalf
can access this 24-hour phone service by dialing the number 1098. Child Line
provides emergency assistance
2. UJJAWALA Scheme: The Ministry launched the UJJAWALA scheme in 2007-08 for
the benefit of women and girls in difficult circumstances, with specific focus
on the special needs of trafficking victims.
3. Kishori Shakti Yojana:This Yojana is a holistic initiative supporting the
development of adolescent girls in the age group of 11-18 years so as to promote
awareness of health, hygiene and nutrition, as well as link girls to
opportunities for learning life skills, returning to school and developing a
better understanding of their social environment.
4. Scheme for Rescuing Trafficking Victims:Through small pilot projects this
scheme targets to address trafficking in women and children for commercial
5. Community Based Prevention Measures on Child Trafficking: While adopting a
range of comprehensive measures for ensuring protection of children, preventing
children from falling prey to sex traffickers must be taken as a first step.
Starting from mobilization and awareness building among families and the general
public to more targeted and specific interventions that percolates to children
at risk and vulnerable because of the specific conditions of their lives
prevention strategies encompasses a broad range of multi-dimensional
In the year 2008 the Indian government launched an Integrated
Plan of Action to Prevent and Combat Human Trafficking with special focus on
Children and Women. The objective was to bring into mainstream and to
reintegrate the women and child victims of trafficking in society. This Plan of
Action incorporates several community based initiatives so as to prevent
trafficking such as awareness raising programs directed to particularly
vulnerable communities and the involvement of communities to act as watchdogs
and informants on traffickers and exploiters This UJJAWALA Scheme contains
specific community based programmes to prevent trafficking in women and children
including the formation and functioning of Community Vigilance Groups including
youth groups and awareness raising campaigns through mass media including
kalajathas, street plays, puppetry or through any other art forms, preferably
traditional. However, its implementation has yet not reached its objectives due
to a lack of initiatives in terms of awareness raising and education on the
issue of human trafficking.
The Ministry Child Prostitution (CACCP) consists of multiple stakeholders
derived from the Central and State Government, United Nations agencies (e.g.
UNICEF, UNIFEM, UNODC), national and international non-governmental
organizations and other civil society key actors. The overall monitoring of the
Integrated Plan of Action to Prevent and Combat Human Trafficking with special
focus on Children and Women is done by CACCP and at the state level the State
Advisory Committees do so.
On similar lines with CACCP, the State Committees
comprises of members from selected local and international NGOs, United Nations
agencies women's commissions, senior police authorities and social welfare
directors, etc. The Committees issue regular reports, pose questions to
authorities on action being taken in and across states, disseminate information
and meet to review progress every three months.
Furthermore, under the Chairmanship of the Secretary, Ministry of Women and
Child Development a Think Tank on Public Private Partnership to Prevent and
Combat Trafficking of Women and Children was created in 2008 in order to involve
the corporate sector within the multi-stakeholder approach to tackle trafficking
in women and children.
Special Services for Child Victims of Trafficking in India
A child line 1098 is operated nationwide and 24 hours to provide assistance to
children in need of help but it is not specialized to offer appropriate support
for child victims of trafficking.
State established Shelters: Government shelters are working closely with
non-governmental organisations and the Child Welfare Committees to improve the
care standards in these institutions, but significant improvements are still
Medical Services offered to child victims of trafficking: In general medical
services are available for all children who require special care and attention,
including child victims of trafficking although they are not seen or recognized
as a different category of children in need.
Psychological Counselling Services: Although States have made some improvements
to their shelter care, victims in these facilities do not receive comprehensive
protection services, such as psychological assistance from trained Counsellor.
These services are hardly available and totally inadequate in light of the
needs. What services exists are mostly provided by nongovernmental organisations.
A Protocol for Pre-rescue, Rescue and Post-rescue operations of child victims of
trafficking for commercial sexual exploitation under which every identified
child victim of trafficking should be placed in a specific shelter or home which
can provide him/her with adequate support has been developed by the Ministry of
Women and Child Development. In India, the Ministry of Women and Child
Development runs many shelters and homes for victims of trafficking all over
Children can also be placed in shelters run by non-governmental
organisations, however the majority of them aim to assist vulnerable children in
general and not child victims of trafficking specifically. Furthermore, there is
not enough shelters to accommodate larger number of child victims of trafficking
and protection efforts often suffered from a lack of sufficient financial and
technical support from government sources.
Non-Governmental Organizations and its Networks to Address the Problem of
Trafficking of Children in India
Different non-governmental organizations in India have established programs and
projects in order to provide education and vocational training to the risk
groups of populations in the country. The programs are mostly aimed at
preventing children from being deceived and trafficked and also for decreasing
the problems related to illegal migration.
Although welfare non-governmental
organizations within limited funds and space.Despite their limited
resources, funding, training, and access to information, most non-governmental
organizations have taken the lead in combating trafficking. There are a number
of non-governmental organizations which have played credible roles in the field
of trafficking to serve and save individuals.
PLAN India is a child- centered advancement association that aims to promote
child rights and improve the quality of life of vulnerable children. PLAN works
in 13 States in India and has specifically affected existences of over a million
children and their families since 197. The protection and child participation,
children in difficult circumstances, education, HIV/AIDS awareness, health,
early childhood care and development etc..
Shakti Vahiniin Delhi ensures that the trafficking cases are investigated
properly and exploitation happening from source, transit and destination are
linked. Since 2010, Shakti Vahini has intervened in 1270 cases and rescued 1300
victims. It has also been part of 462 court proceedings and trial and has
achieved conviction in 26 cases till date.
Apne Aap in Delhi was founded in 2002 and since its formation it has been
continuously framing a broad and proper definition and criminalizing of
trafficking in the Indian Law, based zed women and girls to gain independence
from prostitution by organizing and supporting small self-empowerment groups,
Bachpan Bachao Andolan is a pioneering child rights movement working to end
child trafficking, campaigning for the rights of children. Bachpan Bachao
Andolan had organised several raids across India rescuing 1,152 bonded child
Victims Assistance is vital to ensure the protection of children who have been
victims of trafficking for bonded or forced labour and to ensure the restitution
of their rights. BBA engages a number of strategies ranging from the
identification of trafficked victims to their rescue, the provision of immediate
care and assistance, the prosecution of their employers, statutory
rehabilitation and other legal aids.
BBA’s pioneer intervention model provides protection to victims of trafficking
for bonded or forced labour and slavery, by rescuing them from exploitation and
enabling their access to services under the rule of law.
The process of victim’s assistance starts with the identification of cases or
the receipt of complains and includes the detailed preparation of conducting
raid and rescue operations, the prosecution of traffickers/ employers and the
rehabilitation of survivors.
There are stringent penalties for employers of children under Indian
legislation. BBA files complaints in the name of victims in order to achieve the
prosecution of their employers. This includes fines, the recovery of back-wages
and in some cases imprisonment.
BBA works to ensure access to rehabilitation services including statutory
benefits. For this purpose, BBA also operates its own rehabilitation centres.
BBA had filed the first complaint for the missing children of Nithari in 2006
under the assumption that the children were victims of trafficking. BBA
pioneered the first consulted effort in the country on the issue of missing
children and its linkages with trafficking.
The research established that every
six minutes a child goes missing in India and over a 100,000 children go missing
in the country each year. The research paved the way for a petition before the
Supreme Court of India resulting in a landmark direction on the issue of missing
BBA actively ensures that children are protected and are not vulnerable to being
re-trafficked. Rehabilitation measures include eminent support given, like
trauma counseling and the care and protection provided in children’s homes and
transit rehabilitation centers.
At the same time, BBA also ensures compensation
and access to government services, including housing and other development
The combination of illiteracy and poverty is often a determining factor for a
child being drawn into child labour or child trafficking. BBA tries to mitigate
these factors by ensuring that former child labourers get economic compensation
from the employer, trafficker and the state.
This compensation is received in
the form of backwages as layed down in the 22nd May 2012 judgement, a fine on
the employer, guaranteed under the 15th July 2009 judgement and compensation as
provided by a rehabilitation package under bonded labour law. There are also
centrally sponsored schemes allowing for the rehabilitation of bonded labourers.
Immediately after rescue, a child is taken to a children’s home wherever
possible. For Delhi and surrounding areas Mukti Ashram, established on the
outskirts of Delhi, is a safe haven.
Established in 1991, Mukti Ashram was the first centre in India for protected
bonded workers. Since 2007, Mukti Ashram has developed as a model for giving
quick help and access to services for children protected from child work and
trafficking. In the short-term home, children receive food, clothing, shelter,
medical aid, psychological and legal assistance, recreation and everyday care.
BBA ensures that the children get best quality care to overcome the trauma of
slavery and servitude.
While at Mukti Ashram, the children receive non-formal education, trauma
counselling and rights based empowerment, which eases the process of their
reintegration into the society. To ensure that parents do not fall prey to the
enticement or the deception of economic gains through child labour, they are
also made aware and encouraged to pledge against all forms of child labour and
are explained the virtue of education.
Located in Rajasthan and established in 1998, Bal Ashram serves as a long term
rehabilitation and training center of Bachpan Bachao Andolan that specialises on
the needs of victims of child labour. Nestled amongst the picturesque Aravalli
Hills, Bal Ashram’s main focus lies in providing quality education, vocational
training and skill development as well as showing compassion and giving love to
the children. Bal Ashram is a place where the children can lead a normal, happy
and dignified life
It has been observed that the inherent complexity of the issue of trafficking
coupled with lack of data on the one hand and a heightened commitment to
urgently rectify the problem on the other hand, has resulted in overenthusiastic
responses in many instances.
The very assumption that tightening the screws will
lessen the crime has led to such overenthusiastic responses. However, contrary
to their goal, several of these responses have not achieved the aim of promoting
the human rights of those trafficked. The lack of rigorous indicators for
evaluating the impact of anti-trafficking interventions at various levels
further weakens the interventions ambit of anti-trafficking initiatives. The
lack of reliable data and the gap in devising a rigorous research methodology
for procuring good data on trafficking continues to pose a major challenge.
In the areas of policy and legislation, rescue and repatriation and interception
of seemingly potential victims of child trafficking at the border points during
the process of transportation and migration, it is worth noticing that a
tightening of the screws strategy has strengthened the overenthusiastic and
dominant responses to trafficking.
There has been implementation of a number of
increasingly stringent laws with draconian measures and harsh punishments. At
the same time, aggressive and intrusive rescue operations with little regard to
the personhood, wishes or rights of the trafficked person have been conducted.
In many cases during trials, judicial procedures which are not rights based have
been employed with little attention to witness protection in many cases.
Evidence reveals that in some instances prevention initiatives at source have
been tantamount to restricting women’s right to freedom of movement reinforcing
thereby the patriarchal practice of keeping them trapped within the four walls
of the home as a measure of protection. Rehabilitation has sometimes meant
nothing than a change in venue of the victim’s confinement from a brothel to a
The lack of a holistic understanding and awareness of the problem remains the
greatest challenge to any intervention on child trafficking. Because of this
lack of understanding there are no reliable estimates of the magnitude or a
comprehensive legal framework.
Most of the existing literature or national level
field-based research has been disproportionately focussed on trafficking for
prostitution. Even the micro research studies undertaken by nongovernmental
organizations and International non-governmental organizations in India once
again focussed primarily on trafficking for prostitution.
There is no dearth of
legislation and policies for preventing child trafficking in India and only a
small number of these anti-child trafficking interventions have been evaluated
and an even fewer number have been evaluated rigorously.
At all the levels coordination, cooperation, and support from government
agencies is essential for effectively preventing and rescuing trafficked
children. Conducting research on the issue of child trafficking one can
discover more efficient intervention programs and policy development with
significant information and understanding regarding trafficking in women and
A thorough research on a number of aspects connected with trafficking
of children such as the detailed information regarding the number of children
trafficked, factors contributing towards the trafficking, trafficking networks
and impacts on individual victims have to be undertaken for the trafficking
intervention strategies to work effectively. Continuous research and well
informed intervention programs and implementations are therefore craved for.
An effective monitoring and interception system at the community level created
by the community itself can prove to be a successful child trafficking
intervention. Panchayats must start taking up child protection and trafficking
of girls related issues in their functioning. Integration of trafficking related
issues in the functioning of panchayats will lead to greater awareness and
efforts to prevent trafficking. In every Gram Sabha meeting there should be a
discussion on the issue of protection of each and every child in the community.
Panchayat should also discuss the issue of missing children in the meetings and
the Panchayat representatives must share these issues with block level
officials, collecting data on missing children, number of people migrating out
of the village and number of girls getting married at an age of less than 18
years of age.
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 Apeksha Kumari, Role of Non-Government Organizations in Confronting
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Prostitution Reconsidered: New Perspectives on Migration, Sex Work and Human
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Articles on Victim Compensation in India:
Compensation to the Victim of Crime: Assessing Legislative Frame Work and Role
of Indian Courts
Victim Compensation Scheme: An Aspect of Modern Criminology
Uncivilized And Heartless Crime: SC Enhances Compensation To Acid Attack Victim
Victims Rights in India
analysis of law relating to Accident Claims in India
Compensation: A Ray of Hope
Role of Indian Judiciary in Protecting Victims Rights
Legal Pronouncements for Compensation under Section 166 of the Motor Vehicles
Remedy of Compensation under Article 32
Gender Sensitization and Rehabilitation of Rape Victims
Category-wise Analysis of Awarded Cases related to compensation to the Bhopal
Basic Principles of Victims of Crime with including the challenges and current
scenario in India
Can Victims Claim Compensation?
Speed Break To Section 304-A of IPC
Rights of Accused Far Outweigh That of Victims, Need Some Balancing So That
Criminal Proceedings Are Fair To Both
Victims, victimization and victimology
Quantum of damages in Tort Law
Legal Aspects of the Bhopal Gas Tragedy
Compensatory Jurisprudence In India
Role of Decisions Law In Developing Concept of Compensatory Jurisprudence
Vitriolage - The Brutalization of Human Body
Trafficking in Women and Children - An ounce of prevention is worth a pound of