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Submitted by,
Name :- Rahul Kumar
Course:- LLM
Semester :- 3rd semester
Registration no. 20llmlaw09
Submitted to:-
Name :- Dr. Puneet Pathak
Designation :- Associate professor of Law
Department :- Department of Law
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Sr.no. Title Page no.
1.
The fight against child 3
trafficking in India
2. Ground of research 3
3. 4
Anti-trafficking bill 2021
4.
5.
6.
7.
8.
9.
10.
The fight against child trafficking in India
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Child trafficking is generally defined as the act of harboring, transferring and
receiving of the child who is below 18 years of age who are abducted and taken
from homes without their consent and sold for money in the illegal market.
Indian laws do not have a legal definition of child trafficking. ... However, other laws are present
which can assist in child trafficking – Indian Penal Code, Juvenile Justice Act 2000, Andhra
Pradesh Devadasi's (Prohibition of Dedication) Act, 1988, Bombay Prevention of Begging Act
etc.
According to a report by the National Human Rights Commission of India, 40,000 children are
abducted each year, leaving 11,000 untraced.1
NGO's estimate that between 12,000 and 50,000 women and children are trafficked into the
country annually from neighbouring nations as a part of the sex trade.2
Ground of research
National Crime Records Bureau data reveal only reported cases, Joseph Wesley, head of the anti-
child trafficking programme at World Vision India, told IndiaSpend. “From our experience, I can
say that not all cases are reported, simply because parents are very hesitant to report or parents
themselves are involved,” he said. “Police should be proactive in booking the cases under
trafficking provisions. Often cases are booked as kidnapping or missing person cases even
though there is clear evidence of trafficking.”
Insufficient data hinders work for organisations such as World Vision India. Government
agencies’ work also suffers – lack of data makes it difficult to detect and target high-prevalence
areas, making it difficult to focus prevention and law enforcement efforts effectively, Wesley
added.
Said Agnes: “Lack of data makes it very difficult to track the gravity of the situation and the
scanty numbers indicate that there is no immediate problem. Officials tend to dismiss or
undermine the problem. Having accurate data on such a serious issue is critical to evolve
effective strategies. Many NGOs are now in the process of compiling data about child
trafficking. Though this is not official data, it is useful as a pointer.”
1
"Child Trafficking". www.childtrafficking.org
2
"Vulnerable Children - Child Trafficking India". www.childlineindia.org.in
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most vulnerable and marginalised sections of society but a lot of data is lost due to lack of an
integrated data collection system. Integrated reporting and use of digital databases by police
would result in more accurate national collation of data. Once first information reports and
charge sheets are entered into a digital system, there would be more accurate reports of
trafficking crimes.”
Anti-trafficking bill 2021
A previous draft of anti-human trafficking bill was passed in Lok Sabha in 2018 but was never
introduced in Rajya Sabha.
The objective of the bill is “to prevent and counter-trafficking in persons, especially women and
children, to provide for care, protection, and rehabilitation to the victims, while respecting their
rights, and creating a supportive legal, economic and social environment for them,” the ministry
said in a press release.
What the bill says
According to the draft bill, the law will apply to all citizens of India, within and outside the
country, persons on any ship or aircraft registered in India wherever it may be or carrying Indian
citizens wherever they may be, and a foreign national or a stateless person who has residence in
India.
It also says the law “shall apply to every offence of trafficking in persons with cross-border
implications”.
The draft bill also widens the definition of the “victim” by including transgenders, besides
women and children.
Once the bill becomes an Act, the central government will notify and set up a National Anti-
Trafficking Committee, while state governments will set up these committees at state and district
levels to ensure effective implementation.
The bill proposes that any offence of trafficking “shall be punished with rigorous imprisonment
for a term which shall not be less than seven years but which may extend to ten years and shall
also be liable to fine which shall not be less than one lakh rupees”.
In addition, similar to the 2018 version, the new draft proposes more severe penalties for
“aggravated offences” and seeks to crack down on organised crime syndicates.
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Aggravated offences include cases that may result in the death of the victim or where the victim
suffers grievous injury (in cases such as acid attack), organ mutilation or removal of organs, or
where the victim is a child.
“Whoever commits the offence of aggravated form of trafficking of a person shall be punishable
with rigorous imprisonment for a term for ten years but which may extend to imprisonment for
life and shall also be liable to fine which may extend to ten lakh rupees,” according to the
provisions of the bill.
In case of the death of the victim, the bill proposes life imprisonment along with a fine of Rs 30
lakh.
The bill also proposes imprisonment upto 20 years and death penalty for the offenders found
guilty. “The person shall be punished with rigorous imprisonment for twenty years, but which
may extend to life, or in case of second or subsequent conviction with death, and with fine which
may extend up to thirty lakh rupees,” the draft says.
The bill also says the investigation needs to be completed within 90 days from the date of the
arrest of the accused.
The bill widens the range of offenders who can be booked under the law, bringing public
servants, armed forces personnel or anyone in a position of authority under its ambit. Penalty for
the guilty will include life imprisonment along with a fine of Rs 30 lakh.
Definitions
Human trafficking
Human trafficking is a pressing public health concern which transcends all races, social classes,
demographics, and gender. No population is exempt from the ever-present threat of traffickers.
Human traffickers are motivated by greed, driven by quota, devoid of respect for human rights,
preying upon the vulnerable, and damaging the psychological and physical well-being of their
victims. The extent of the economic and social impacts on society are unknown and require
further research to define and guide community-based care, protocols, and formal curriculum
changes. This activity highlights the problems of human trafficking and ways to detect and
prevent it.3
The concept of "Human Rights" is a powerful tool. One hundred eighty-nine countries are
members of the United Nations. As such, these governments have made a commitment to the
3
Tammy J. Toney-Butler; Megan Ladd; Olivia Mittel.
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human rights principles enshrined in the United Nations Charter and in the Universal Declaration
of Human Rights1 (UDHR, 1948). The UDHR establishes the principle that fundamental human
rights and basic freedoms are guaranteed to all persons. Civil society needs to understand the
nature of human rights and governments' responsibility to protect these rights. This knowledge
provides civil society with a basis upon which to demand governments take actions to protect the
human rights of all persons, including trafficked persons. All of us can educate and lobby our
governments on how to fulfil their responsibility to uphold and make real the UDHR principles
for all people. This chapter introduces the basic principles of human rights and the primary
instruments addressing the human rights abuses suffered by trafficked persons.4
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.5
The Modern Definition of Trafficking
At present there is no internationally agreed definition of trafficking. The term "trafficking" is
used by different actors to describe activities that range from voluntary, facilitated migration, to
the exploitation of prostitution, to the movement of persons through the threat or use of force,
coercion, violence, etc. for certain exploitative purposes. Increasingly, it has been recognized
that historical characterizations of trafficking are outdated, ill-defined and non-responsive to the
current realities of the movement of and trade in people and to the nature and extent of the
abuses inherent in and incidental to trafficking.6
Child trafficking
4
Elaine Pearson Lin Chew and Ann Jordan, Human Rights and Trafficking in Persons, (Indochina Publishing),
(December, 2000)
5
United nations office on drugs and crime, available at:- Human-Trafficking (unodc.org) last visited on 18/oct/2021
6
Miller and Stewart (Chair and Rapporteur), 'Report from the Roundtable on the Meaning of "Traffic in Persons": A
Human Rights Perspective', Women's Rights Law Reporter, 20.1:11, Rutgers University, 1998
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Child trafficking is a type of human trafficking. It is defined as the recruitment, transportation,
transfer, harboring, and/or receipt in kidnapping a child for the purpose of adoption, exploitation,
forced labor or slavery.7
The traffic or trade of children is characterized by the recruitment, transport, transfer, and
housing of any person by different methods. It may also involve resorting to force or any other
forms of restraint, through kidnapping, deceit, fraud, as well as the abuse of authority. Offering,
accepting payments, or benefits for obtaining the consent of the victim (or person having
authority over the victim) are also illicit acts that contribute to child trafficking.8
Child trafficking has no universal definition, though many legal instruments mention it. One of
these is the Convention on the Rights of the Child of 1989, which refers to child trafficking in
Article 11 line 1, stipulating that “illicit transfer and non-return of children” is forbidden.
Traffickers organize themselves via large international networks, which engage in many
activities, such as drug trafficking or prostitution.
Types of Child Trafficking
There are various types of child trafficking. Child trafficking happens when kids are kidnapped
or parents are lied to, tricked, forced or persuaded in children leaving their homes.
Children are trafficked for:
Sexual Exploitation
Forced Marriage
Forced Labor
Criminal Activities
Benefit Fraud
Domestic Slavery
Much like we all think of slavery conditions these children are victims of neglect and abuse.
People trafficking and enslaving children often physically abuse these children, cause emotional
abuse, and sexually molest them.
Causes Of Child Trafficking
7
National Human Trafficking, available at:- What Is Child Trafficking? | Types, Causes, Exampes, Signs & Effects
(liberatechildren.org) last visited on, 18/oct/2020.
8
Child trafficking, available at:- Child trafficking - Humanium, last visited on 18/oct/2020.
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There are a wide variety of causes of child trafficking. The primary cause of child trafficking is
how lucrative it is for child traffickers. An estimated 150 billion dollars is made from child
trafficking per year in the world. Causes for children to be vulnerable to child trafficking
include: poverty, lack of education, no birth records, humanitarian disasters, and illegal
adoptions. This practice continues due to demand and ineffective legislation. Some countries
don’t have enough legislation or it simply isn’t enforced.9
Easily available
Unemployment
Easily influence
Economic reason
Ideology reason
Research problems
Objectives:
Identify the problem of child trafficking globally.
Review recent legislative actions to combat child trafficking.
Outline the causes that lead to child trafficking.
Describe interprofessional team strategies for improving care and early detection of child
trafficking victims.
Recent news on child trafficking
The times of India
Gaya: Hotbed of child trafficking
April 1, 2020, 9:13 PM IST Suresh Kumar in Voices, India, TOI
9
National Human Trafficking, available at:- What Is Child Trafficking? | Types, Causes, Exampes, Signs & Effects
(liberatechildren.org) last visited on, 18/oct/2020.
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Child labour is rampant in the holy city of Gaya. According to the 2011 census, Bihar had
10,88,509 child labourers, among which 78,929 were from Gaya. Children are trafficked to many
destinations by local traffickers, mostly to the bangle making factories of Jaipur, Rajasthan.
There are 13 districts in Bihar which are highly affected by the issue of child trafficking, but
Gaya faces the heat as child trafficking is an organised crime in the district. There are 10 to 12
local traffickers who indulge in trapping the children from the most vulnerable sections of the
society; nearly 60 percent of them belong to ‘musahar’ community – a dalit community.
Matters India
India’s Complete Socioeconomic & Religious News
BY: SAMI AHMAD
ON: APRIL 24, 2021
IN: FEATURES
TAGGED: CHILD LABOR, CHILD TRAFFICKING, GAYA
Case study;
Gaya: Dhiraj Kumar came to Jaipur to work in a bangle factory after an agent promised his
father a regular income. The man also paid 3,000 rupees as an advance. That was in March 2019.
In Jaipur, the 14-year-old school dropout from Dula Bigha village in Bihar’s Gaya district Gaya
was denied proper food and often beaten as he was forced to work in the factory in Bhatta Basti.
Dhiraj was lucky to be rescued by the local police in just three months along with other children
from the bangle factory. They were sent back home after necessary formalities.
Several reasons contribute to making Gaya a source hotspot for child
trafficking.
Gaya is around 100 km south of the Bihar state capital of Patna. Gaya is the best center for
transportation in south Bihar as it is well connected with rail tracks and the Grand Trunk Road.
Jodhpur Express and Sialdah-Ajmer Express are the two main trains used for trafficking children
to Rajasthan. The timings of the trains also help the traffickers to dodge the not so alert police.
According to the census of 2011, Bihar had 10, 88, 509 child laborers and 78, 929 were from
Gaya, which is the largest in the state.
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An official at the CPU Gaya told TwoCircles.net that his office has no record of ‘child
trafficking’, though it has some data on child laborers and their rehabilitation.
Mishra said that “since FIR is lodged at the place where the children are rescued, it is a tedious
process to get the copy of FIR, getting the charges and inform the accused and arrange the
appearance in court.”
Rescued children face threats from the traffickers too and this forces their families to not send
their children to court. “Parents find it tough,” Mishra said.
Anjani Kumar Singh is the nodal officer of the Anti-Human Trafficking Unit of Gaya Police. His
office has no record of child trafficking cases or child traffickers. He told this correspondent to
meet someone in the office of Senior Superintendent of Police (SSP), Gaya.
In the SSP office, there are some records of human trafficking cases.
From 2010 to 2020, Gaya reported 68 cases of human trafficking, presumably related to children.
The man who provides the data was instructed by the nodal officer of AHTU to not give any
paper and only tell the figures orally. He said that out of 68 cases only 10 cases were disposed
off. But how many were convicted? The man has no idea. No one has.
A paper titled ‘Laws relating to child trafficking in India’ and published by Centre for
Child and the Law (CCL), National Law School of India University (NLSIU) suggests that,
‘the main functions of AHTU are prevention, protection and prosecution of trafficking in human
beings. Besides, they develop databases on traffickers, and network with all concerned agencies
when required’. But no database was found in Gaya.
As most of the cases applied section 370 (5) of IPC (Buying or disposing of any person as a
slave), it is understood that these cases were related to child trafficking. Section 370 of IPC
defines human trafficking. This section deals with the trafficking of more than one minor while
section 370 (4) of IPC deals with the trafficking of a single minor.
While there are instances of re-trafficking of minors but the SSP office record does not show any
case of section 370 (6) of IPC. It deals with trafficking a minor on more than one occasion. There
is a provision of minimum-rigorous imprisonment of ten years for 370 (4) and 14 years for 370
(5). Maximum imprisonment for both is life sentence and fine. In the case of 370 (6), which is
re-trafficking, the punishment is imprisonment for the remainder of the person’s natural life and
fine.
The best way to stop child trafficking is to take action against those factories where the victims
are used as cheap child labour “like some countries earlier stopped the import of the Bhadohi
carpet on account of child labor abuse.”
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“In the absence of social security, monitoring and follow up even the rescued children are re-
trafficked from Gaya. That needs to be checked,”
Child Trafficking Racket In Mumbai Busted, Four Arrested: Police
All IndiaAsian News InternationalUpdated: September 04, 2021 10:03 pm IST
The Mumbai Police arrested four people, including a woman, on charges of kidnapping a 10-
month-old child and selling him for over ₹ 3 lakh in Telangana.
Child Protection Scheme, But Not One Children Sponsored in Gaya
Published: 19 Dec 2019, 2:45 PM IST
Not a single child in Bihar’s Gaya district has availed of benefits offered under the sponsorship
programme of the Integrated Child Protection Scheme, which aims to keep children in school
and prevent child labour and trafficking.
In 2018, New Delhi-based public policy research institute Accountability Initiative had identified
342 vulnerable children to be sponsored in six villages of Gaya, considered the hotbed of child
trafficking in Bihar.
A year on, not a single child had been sponsored, as per local NGO Justice Ventures
International, and the chairperson of the district child welfare commission.
The sponsorship programme, funded by the Women and Child Development Ministry, offers Rs
2,000 per month to families of children who are extremely vulnerable and living in poverty.
But the programme has seen little uptake in Bihar, where 450,000 children worked for six
months or more in a year, and 630,000 worked for up to six months a year, a 2017 State Action
Plan for Elimination of Child Labour based on Census data said.
Sitamarhi district had sent 200 such applications to the Bihar government, none of which was
approved, according to Adithi Organisation, an NGO that operates out of Patna and works in 18
districts of Bihar.
In the Sheohar block of Bihar, 64 children were given sponsorship in 2018, according to Centre
Direct, a children’s NGO based in Patna and working in Gaya, Sitamarhi and Sheohar. Local
activists said this was due to Sheohar’s proximity to Muzaffarpur, where an incidence of sexual
abuse of 11 girls in a shelter home had come to light in May 2018.
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Covid-19 made poor more vulnerable to child trafficking, say NGOs
New Delhi
June 8, 2021
UPDATED: June 9, 2021
Activists say that despite the Covid-19 restrictions in places, cases of child trafficking continue
to rise unabated.
How Can Child Trafficking be Prevented in India
About two lakh people are trafficked in India every year. India is the hub of human trafficking
and a point of transit, destination and source of human trafficking victims, who are sent to Nepal,
Bangladesh, and into a bigger trafficking circuit. The response must not only come from Indian
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and international governments, but also from within Indian communities, which can be
strengthened to fight back the lure of easy money from child trafficking.
Here are some critical measures to prevent this social evil in India.
1. Foster the spread of education
India has the world’s biggest education system, yet sees low literacy due to poor enrolment and
high dropout rates – resulting in people having low self-esteem and lack of opportunities.
Uneducated parents are easily convinced by conmen to give them a better life in the city (a very
common ruse for trafficking). Educated children and their families are much more aware, alert
and mature, and they can comprehend the risks of child trafficking quite well. Compassionate
and understanding teachers guide children and parents to find opportunities for higher growth
and employment, creating a community driven by ambition where traffickers cannot thrive.
2. Spread awareness among parents and communities
Lack of awareness can create situations that traffickers can exploit. A lot of India’s poor children
find themselves trapped in substance abuse which can further lead to them getting trafficked.
Educated communities are capable of understanding, and effectively responding to the various
ways traffickers source children. Aware of their rights as Indian citizens, and opportunities for
growth, education, employment, and enterprise, these communities can stand strong. Community
events, using sports, arts and theatre are being used by civil society to educate communities
about vital services as well as opportunities they can explore. Grassroot activism assists
communities to fight poverty and exploitation, the basis of trafficking. NGOs like Save the
Children are empowering communities by creating income resources, educational resources, and
enabling them to get access to information services.
3. Strict laws in place to prevent child trafficking
Effective policymaking is critical to reform. NGOs like Save the Children constantly research,
document, and showcase findings of the need for reforms and engage with various government
agencies, urging them to have better legislation in place for tackling child trafficking. Many
cases have been filed under the recent Protection of Children Against Sexual Offences Act
(2012) and Immoral Traffic (Prevention) Act, which have successfully translated in increased
convictions, demonstrating how legislating can curb child trafficking.
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4. Encouraging business to not use child labour
An ecosystem for child trafficking gets silent approval when demand for child labour is
commonly used in businesses like retail, hospitality, etc. NGOs have established a dialogue to
sensitise trade organisations to end this social evil that will save them a few rupees. At the same
time, locals have been made vigilant to report instances of child labour at businesses, so that it is
actively discouraged.
Literature review
1 Trafficking for Sexual Exploitation Author(s): Martti Lehti and Kauko Aromaa Source:
Crime and Justice, Vol. 34, No. 1 (2006), pp. 133-227 Published by: The University of
Chicago Press Stable URL: https://www.jstor.org/stable/10.1086/650306 Accessed: 20-10-
2021 08:49 UTC
Current estimates of human trafficking for sexual exploitation underestimate rather than
overestimate the volume. They exaggerate the role of trafficking in international prostitution of
adults but underestimate trafficking in minors. About 60–80 percent of the crime is domestic,
and the bulk of cross-border trafficking is regional. The major flows run from rural areas to cities
and from economically depressed regions to affluent ones. Traffic to industrialized countries is
10–20 percent of the whole; most takes place within and between third-world countries.
Prevention should concentrate on the main source countries and the most important junctions.
This requires efficient police and intelligence cooperation both regionally and internationally. It
is also crucial to harmonize national legislation
2 CHILD LABOUR AND EDUCATION IN INDIA: Promise and Performance Author(s):
Shilpa Tripathi Source: The Indian Journal of Political Science , APR. - JUNE, 2010, Vol.
71, No. 2 (APR. - JUNE, 2010), pp. 469-480 Published by: Indian Political Science
Association Stable URL: https://www.jstor.org/stable/42753709
Children in every society have always participated in economic activities, children assist their
families at home, in farms in shops, etc. All work is not bad for children. Some activities make a
positive contribution to their development, prepares them for their future tasks and help to pass
traditional skills from one generation to another. It inculcates a sense of responsibility in children
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and helps them to take pride in their work. So, there is a difference between 'child work' and
'child labour". The former comes into the category of permissible work while latter comes under
exploitative. As the committee on child labour observed that, "Labour becomes an absolute evil
in the case of the child when he is required to work beyond his physical capacity, when haeves of
employment interferes with the education, recreation and rest, when his wages are not
commensurate with the quantum of work done and when the occupation in which he is engaged
endangers his health and safety"1. Whereas child work is thought of as 'good' or 'beneficial'. The
occupation where children can learn to take responsibility or prepare themselvés for their own
maturity. It is not easy to draw sharp lines between destructive and beneficial child labour. Much
of the child labour falls into a grey area in between these two extremes. Child labour is
widespread and bad for development both that of the individual child and of the society and
economy in which she or he lives. If allowed to persist to the current extent, child labour will
prevent the achievement of the goals of haling poverty and achieving Education for All. Nearly
all of the world's governments have ratified international human rights convention, which calls
for the elimination of child labour and the provision of universal primary education. Fulfilling
these commitments is of critical importance for development. Motivation and availability of
infrastructure rather than poverty are the key factors. The paper underlines the role of education
in eradicating child labour
3 Children's Narrative within a Multi-Centred, Dynamic Ecological Framework of
Assessment and Planning for Child Trafficking Author(s): Paul Rigby and Bill Whyte
Source: The British Journal of Social Work, Vol. 45, No. 1 (JANUARY 2015), pp. 34-51
Published by: Oxford University Press Stable URL: https://www.jstor.org/stable/43687816
Accessed: 20-10-2021 08:55 UTC
An ecological approach to understanding child abuse and working with separated chil- dren are
not new concepts. This paper proposes a dynamic development of the model for use by front line
practitioners that takes account of the movement and exploitation of children caught up in child
trafficking, while recognising the primacy of children's nar- ratives when information is difficult
to obtain. Adopting a holistic planning and assess- ment approach utilising dynamic life story
work addresses the realities of children's lives as they move around, with the potential for
numerous social contacts and influences in home, transit and destination countries. The model
recognises not only the physical journey and exploitation of the child, but also their emotional
and psychological journey through exploitation and abuse, hopefully, towards healthy and safe
outcomes. While such a model recognises the complexities of the lives of children on the move
who have been trafficked, its major drawback for professionals is its complexity and the
difficulty of obtaining, and making sense of information from the potentially numerous
countries, situations and people children have encountered
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4 Aftercare Services for Child Victims of Sex Trafficking Author(s): Dorothy Neriah
Muraya and Deborah Fry Source: Trauma, Violence & Abuse , Vol. 17, No. 2 (April 2016),
pp. 204-220 Published by: Sage Publications, Inc. Stable URL:
https://www.jstor.org/stable/10.2307/26638396
Objective: To explore aftercare services provided to child victims of sex trafficking globally
based on the results of a systematic review of published and unpublished research, organizational
policy, and current practice. This systematic review serves as a first step toward developing best
practices for aftercare service providers. Method: A systematic search was conducted of four
English language databases, two human trafficking resource libraries, and one Internet search
engine for journal articles and ‘‘grey’’ literature published between January 2000 and May 2013
on the services offered to child sex trafficking victims globally. The search yielded 15
documents for inclusion in the review. Results: The 15 documents emphasized the need for
aftercare service provision to be founded on children’s rights and trauma-informed service
provision. They recommended delivery practices such as case management and
multidisciplinary, multiagency and multinational coordination to ensure the child victims benefit
fully from the services. The systematic review revealed that there are three phases to aftercare
service provision: rescue, recover, and reintegration. Each of these phases is characterized by
different needs and types of services provided. The recovery phase received the most attention
compared to recovery and reintegration phases. Conclusion: The literature highlighted that
aftercare service provision for child sex trafficking victims is a new area that needs an evidence
base from which policy and practice can be formed. There is great need for further research and
better documentation of service provision. While this research provides insight into this area, the
gap in literature remains wide. The area of aftercare service provision for children who have
been trafficked has experienced phenomenal growth within the last 10 years, and with more
research and resources being directed to the area, the achievement of international minimum
standards of care provision is possible.
