Human Trafficking in India
Trafficking means a trade which is illegal. Human trafficking is carrying out a
trade on humans. Humans are trafficked for the purpose of sexual slavery,
commercial sexual exploitation, extraction of organs or tissues, forced
marriage, forced labor or domestic servitude. Human trafficking after drugs and
the arms trade is the third largest organized crime across the world.
trafficking across the world is mainly done for sexual exploitation where women
and children turn as victims to it. Human trafficking is done for a number of
purposes but sadly in our country the act which exists against human trafficking
is Immoral Trafficking Prevention Act (ITPA) and it only combats against the
human trafficking if it is done for the purpose of sexual exploitation.
legal provisions relating to human trafficking as whole must be strengthened in
order to prevent human trafficking in India. Human trafficking leads to
violation of human rights of the individuals and also they are subjected to
re-victimization. The laws for human trafficking must be strengthened that it
meets all the requirements for preventing human trafficking.
What Is Crime?The term Crime is derived from Latin word crimen meaning offence and also
According to Blackstone Crime is an act committed or omitted in violation of
Public Law forbidding or commanding it.
Criminology is the scientific study of crime, including its causes, responses by
law enforcement, and methods of prevention. It is a sub-group of sociology,
which is the scientific study of social behavior.
Reasons For Human TraffickingThere are many reasons for human trafficking. They are determined by political,
economic and cultural factors. Trafficking in persons is according to the
doctrine of supply and demand. Firstly, there are certain factors in the country
such as need of employment, poverty, social conditions, instances of armed or
war conflicts lack of political and economic stability, lack of proper access to
education and information etc. Secondly, in developed and wealthy countries
there is demand for inexpensive products, cheap labour and low priced services.
The organized crime groups have found an opportunity for making huge profits by
connecting the supply and demand that by clubbing the first and the second
instances. These reasons lead to increased migration but a condition of
restricted migration due to numerous policies of the State. People use smuggling
channels for human trafficking exposing themselves to exploitation, deceit,
violence and abuse.
Consequences Of Human Trafficking
The victims in the process of trafficking in persons are abused and exploited in
certain conditions which may result in short term and long term minor and severe
psychological and physical attacks, diseases especially sexually transmitted
diseases or HIV viruses. This condition can even lead to the permanent
disability and death.
The direct consequences of human trafficking are
aggression, depression, disorientation, alienation and difficulties in
concentration. Many studies have shown that injuries and traumas acquired during
the process of trafficking can last for a long period even after the person has
become free from exploitation and this mainly occurs when the victim is not
given with proper care and counsel.
Even the rehabilitation process for the
victims cannot be guaranteed for a certain result. Although the victims are
brought out from the physical problems, the trauma and the psychological
problems does not allow the victim to totally recover from the consequences.
Some of the victims find it difficult to adapt to the normal lives that they
previously carried out.
The sad part about the victims of human trafficking is
that the rights of the victims are violated even after they come out from the
status of exploitation. In many cases they face re-victimization. In many of the
countries the protection provided to the trafficked persons is directly
conditioned by their willingness to cooperate with the competent authorities.
But these conditional protection is contrary to the full access and protection
of human rights and the use of trafficked persons as an instrument in the
criminal proceedings are not allowed. 
Legal Frameworks To Counter Human Trafficking In India
Indian Penal Code 1860:
Interestingly the Indian Penal Code which came into existence in 1860 addresses
the problem of human trafficking in human beings. It is addressed in Section 370
and 370 A of the Indian Penal Code. It prohibited trafficking of women and girls
and prescribed ruthless punishments for the criminals. It lays down that anyone
who buys or sells the person under the age of 18 years for the purpose of
prostitution and for sexual exploitation and for other immoral purposes shall be
liable to imprisonment for up to 10 years and also be liable to fine.
recognizes cross border trafficking into prostitution and whoever imports into
India from any country outside India any girl under the age of twenty one years
with the intent that she may be, or knowing it to be likely that she will be,
forced or seduced to illicit intercourse with another person shall be punishable
with imprisonment which may extend to ten years and shall also be liable to
Constitution of India, 1949
The Indian Constitution of India prohibits trafficking in persons and guarantees
many of the internationally acknowledged various human rights norms such as the
right to life and personal liberty, the right to equality, right to freedom, the
right to constitutional remedies. The right to be free from exploitation is also
assured as one of the fundamental rights of any person living in India.
The Juvenile Justice (Care and Protection of Children) Act, 2000
According to this Act there is no difference between a minor and a child. All
the persons under the age of eighteen years are considered children. A child who
is a child in need of care and protection (National Legal Research Desk 2016).
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
Many victims of trafficking belong to marginalized groups. Traffickers target
only such area which is backward in social and literacy sense. This gives an
additional tool to safeguard women and young girls belonging to scheduled Caste
and scheduled Tribes and also to create a greater burden on the trafficker or
offender to prove his lack of connivance in the matter.
If the offender has the
knowledge that victim belongs to these communities then this act can be
effectively used to counter the offence of trafficking. Section 3 of this act
deals with atrocities committed against people belonging to Scheduled Caste and
Scheduled Tribes. It covers some forms of trafficking such as forced or bonded
labors and sexual exploitation of women. A minimum punishment of ix months is
provided which may extend to five years if the offence is covered under section
Immoral Traffic Prevention Act 1986The government of India ratified the International Convention for the
Suppression of Immoral Traffic in persons and the exploitation of the
Prostitution of others in 1950. As a consequence of this ratification of the
convention the Government of India passed the Suppression of Immoral Traffic in
Women and Girls Act (SITA) in the year 1956. In the year 1986 the act
was further amended and changed which was known as the Immoral Traffic
Prevention Act, 1986 (PITA).
The laws for human trafficking must be strengthened that it meets all the
requirements for preventing human trafficking. People who are in poverty line
across the country must be made aware about human trafficking and its
consequences in order to prevent them from becoming victims. Many national and
international seminars and conferences can be conducted across the country so
that the general people and the government can join hands to prevent human
The vulnerable sections of the society must be protected by the
Government so that they don’t fall as victims to human trafficking. The victims
of the human trafficking are only the persons from below poverty line so the
offence of human trafficking can be greatly prevented if the Government helps
the poor sections of the society and provides them with adequate education and
 Prof. N.V. Paranjape, Criminology, Penology Victimology, Central Law
Publications, 17th Edition
 Vimal Vidushy, Human Trafficking in India, International Journal of Applied
 Prof. S.N Mishra, Indian Penal Code, Central law Publications
Pandey.J.N, Constitutional Law Of India 77 (52nd Ed 2015)
 Sadika Hameed, Human trafficking in India, Dynamics Current Efforts and
Intervention, March 12, 2010.
Written By:- Divya Upreti, From K.R. Mangalam University, Sohna Road,
Law Article in India
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