Table of Contents
What is human trafficking?
“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” -UN
The trade of human beings for exploitative purposes.
Exploited economically, physically and also sexually
Bonded and forced labour
Commercial sexual exploitation
Illegal organ-trade
Forceful and illegal migration of the victims
Domestic help in households
Small-scale establishments in urban centres
Begging or selling knick-knacks
Horrid realities
•It is one of the most rampant crimes in a labour-surplus and developing country like India
• Biggest issue: lack of knowledge about it.
• Victims of human trafficking in India live amidst us, in our day-to-day surroundings.
• Largest organized crime
• International Labour Organization there are more than 11.7 million people
working as a forced labour in the Asia-Pacific region.
• 246 million exploited children aged between 5 and 17. -ILO
• 700,000 to 4 million people every year
1. Drugs
2. Arms
3. Human Trafficking
Ministry of Women and Child Development
• Almost 20,000 women and children were victims of human trafficking in India in 2016.
• a rise of nearly 25 percent from the previous year
• highest number of victims recorded in the eastern state of West Bengal.
• Police officials attributed the rise to increased public awareness of trafficking-related crimes and more police training.
• The official said the actual figure could be much higher as many victims were still not registering cases with the police, largely because they did not know the law or feared
traffickers.
• The 2016 data from the National Crime Records Bureau showed that almost equal numbers of women and children were trafficked.
Hotspots in India
• Rampant across the border areas on the Eastern side.
• Bordered by Bangladesh and Nepal.
• These 2 regions pose the largest threat to the Indian security scenario.
• West Bengal, Uttarakhand, Assam and Meghalaya act as the chief entry points from this illegal immigration.
• The illegal immigration overlaps human trafficking in some cases especially in the case of women since sometimes women are forcibly pushed across the border.
Dark realities of India
• Sexual exploitation: 80%
• Bonded labor: 20%
•India is considered as the hub of this crime in Asia.
• Every 8 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.
• Half of the world’s slaves live in India
• Conflict between the Kukis and Nagas tribe in Northeast region between 1992 and 1997 left many kids homeless.
•Human trafficking is one of the major problems in India.
Existing laws
•Immoral Trafficking Prevention Act (ITPA) trafficking for commercial sexual exploitation is penalized.
• Punishment: 7 years to life imprisonment
• Bonded Labor Abolition Act
• Child Labor Act
• Juvenile Justice Act
• Prohibit the bonded and forced labor in India.
• Post brutal gang rape of December 2012
• Government has passed a bill in which laws related to sexual violence and making sex trafficking have been amended.
• But still there is a huge gap between enactment and enforcement of these laws.
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2017
• The government is set to introduce a law to guard against human trafficking.
•Initiated by Shree Menka Gandhi.
• Status: Group of Ministers (GoM) that will take a final view on the matter.
• Punishments
• Minimum 10-year punishment for those engaging in “aggravated forms of trafficking“.
• Fine that will not be less than D1 lakh.
• Life imprisonment for repeat offenders.
• Fine that will not be less than Rs 2 lakh.
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2017
•‘Aggravated forms of trafficking’, the bill speaks about offences such as
• Forced labour, or bonded labour, by using violence, intimidation, inducement, promise of payment of money, deception or coercion.
• Also, it mentions trafficking after administering any narcotic drug or psychotropic substance or alcohol, or for the purpose of marriage or under the pretext of marriage.
• The aggravated form also includes trafficking for the purpose of begging or forcing those who are mentally ill or are pregnant
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2017
•It proposes the establishment of a national antitrafficking bureau.
•It shall be entrusted with the gamut of issues aimed at controlling and tackling the menace under various forms.
coordination, monitoring and surveillance of illegal movement of persons and their prevention.
The bureau will also be entrusted with increasing cooperation and coordination with authorities concerned and organisations in foreign countries for strengthening operational and long-term intelligence for investigation of trafficking cases, and driving in mutual legal assistance.
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2017
• For those engaging in ‘buying or selling’ a person, the bill proposes rigorous imprisonment for a term not less than seven years which can be extended to 10 years with a fine upwards of Rs 1 lakh.
• The bill also seeks punishment for those engaging in trafficking with the help of media, including print, internet, digital or electronic.
• It stipulates a punishment of not less than seven years which can go up to 10 years and a fine not “Whoever distributes or sells or stores, in any form in any electronic or printed form showing incidence of sexual exploitation, sexual assault or rape for the purpose of extortion or for coercion of the victim or his/her family members, or for unlawful gain, shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to seven years.” Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2017-
• Apart from the national bureau, the bill also aims at having state-level anti-trafficking officers.
• They shall also provide relief and rehabilitation services through district units and other civil-society organisations.
• The bill also spells out measures towards relief and rehabilitation for the victims of trafficking, and seeks the formation of a committee for this purpose.
• The committee is proposed to be headed by the women & child development secretary and would have members from the ministries of home; external affairs; labour and employment; social justice and empowerment; panchayati raj; and heath and family welfare.
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2017-
• The burden of proof lies on the traffickers.
• Also, there are provisions for stripping traffickers of their assets.
• An anti-human trafficking wing is proposed to be set up.
• This would be under a central investigation agency like the National Investigation Agency.
• A district-level anti-trafficking unit with an antitrafficking police officer is also proposed.
• A designated sessions court for speedy trials is also part of the provisions.
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2017-
• State governments need to create a Rehabilitation Fund.
• This will allocate financial resources for protection homes.
• They also offer legal assistance to victims and provide skill development programmes.
• The fund will also be used for victim and witness protection, and for generating awareness to prevent human-trafficking.
Recommendations-
• The policies should consider:
• A multi-faceted legal and economic strategy
• A robust implementation of existing labour laws
• Improved labour inspection, including in informal economy
• Corporate accountability for decent work conditions
• Self-organisation of workers
• Systemic reforms to counter distress migration, and to end caste-based discrimination
•Proper enforcement of the rural employment guarantee legislation.
• This would also avoid voluntary sex work and protect migrants’ mobility and rights.
•Working on these fronts is essential for India to meet its Sustainable Development Goal 8.7.
• It relates to eradicating forced labour, ending modern slavery and human trafficking, and ending child labour by 2025.
•Book officials allegedly complicit in trafficking
•Establish and fully resource anti-human trafficking units (AHTUs) in all districts
• Providing additional dedicated, trained staff and by clarifying the mandate of AHTUs
•Develop and implement standard operating procedures (SOPs) to harmonize victim
identification and referral, and train officials on their use;
•Address jurisdictional issues in the investigation of suspected traffickers.
•Cease the penalization of trafficking victims;
•Protect victim confidentiality and privacy, including on government-issued identification
documents
Spread the word
Childline, the emergency helpline for children in distress, at 1098.
The Central Bureau of Investigation (CBI) of India has also set up a 24*7 helpline number – 011 2436 8638 – which has been exclusively created for complaints regarding “illegal human trafficking especially trafficking of women and children”.
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