IMMORAL TRAFFICKING OF WOMEN- A DETAILED ANALYSIS

Authors- Manasi Ravindra, Adithi CV

Institutional Details- School of Law CHRIST (Deemed to be University)

Hosur Rd, Bhavani Nagar, S.G. Palya, Bengaluru, Karnataka 560029

Email- adithicv2907@gmail.com, manasi30oct@gmail.com

Contact Details-7337885389, 9113260322

ABSTRACT

“Women constitute half the world's population, perform nearly two-thirds of its work hours,
receive one-tenth of the world's income and less than one- hundredth of the world's property
(1980 UN Report). Women comprise 66 per cent of the world's illiterates and 70 per cent of the
world's poor.”
(1980 UN Report)

Globally women have been subjected to various kinds of crimes. Estimates of various reports
have shown that crimes against women especially in developing countries like India have been
on a continuous rise. Trafficking of women is one of the most lucrative criminal activities that
has been present in all societies since ancient times. Deeply embedded as a social evil in the
society it has given rise to numerous crimes such as prostitution and forced labour and has been
seen to be a continuing cause of suppression of women's rights. The reports state that one in
every three women are prone to such abuse and violence. It is said to be one of the gravest forms
of abuse faced by women during current times. It is considered to be one of the most brutal
forms of human rights violation, trafficking in women is seen to be a globally rampant issue.
Countries across the world recognise trafficking to be a nuisance to their development and view
it as a serious issue with paramount repercussions attached to it. Even though existing laws and
policies on national and international levels make an effort to combat the issue of trafficking,
these laws mainly focus on combating the practice of trafficking and not aim towards the
complete eradication of the same. In India the issue of trafficking is addressed in the
constitution and is briefly discussed in the Indian Penal Code. In addition to this the Immoral
(Prevention) Act 1956 and the Suppression of Immoral Traffic in Women and Girl’s Act
1956 provide for a detailed legal framework to prevent human trafficking in and around the
country. Although India possesses a sufficient national and international framework that
establishes measures to prevent trafficking, the discrepancies and the loopholes of these laws
have over the years shown its ineffectiveness. In light of the above issues this paper aims to
discuss in detail the issues, laws in question and the trends of trafficking in India and developing
countries over the years.

Keywords: women, trafficking, rights, violation, laws

INTRODUCTION

According to UN estimates, 1 to 4 million individuals are trafficked each year in the world, with
a value of more than $10 billion. Human trafficking refers to the trade of female children,
adolescent females, and working-age women (18-45years). It is growing to be one of the most
prominent businesses in the world. It is a disgrace that such business exists in India. In 2010,
there were 438 instances in Andhra Pradesh. Kerala came trafficking is one of the most heinous
crimes against women and against humanity. It is one of the most heinous offenses against basic
human rights, such as the right to life, which includes the right to live in dignity and respect. It
subjected people to humiliation and sexual abuse, violating their fundamental rights to life,
liberty, and security; freedom from torture, cruel or humiliating treatment; home and family;
education and decent job; and health care. India sadly is a source and destination of trafficking
in women and children for labour and sexual exploitation. Women and children are trafficked
across the country for sexual exploitation, domestic purposes, bonded labour, indentured
servitude, this could possibly be because of broken marriages, or wives being abandoned by
their husbands, coercion, and fraud play a major role in being lured into trafficking or because of
traditional practices like Devadasis. Indian women are vulnerable to a variety of forms of
exploitation under the pretence of economic security.
According to UN estimates, 1 to 4 million individuals are trafficked each year in the world, with
a value of more than $10 billion. Human trafficking refers to the trade of female children,
adolescent females, and working-age women (18-45years). It is growing to be one of the most
prominent businesses in the world. It is a disgrace that such business exists in India. In 2010,
there were 438 instances in Andhra Pradesh. Kerala came in second with 281 instances,
followed by Karnataka with 250 cases and Tamil Nadu with 230 cases in 2010. The outcomes of
such evils are sexual assault, as well as any risky employment or forced marriage.1
The UN protocol, also known as the Palermo Trafficking Protocol, defines trafficking as
follows:
“The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the
threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person, for the purpose
of exploitation. Exploitation should include, at a minimum, the exploitation of the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery or practices similar
to slavery, servitude or the removal of organs.”
Women and children are trafficked for the purpose of exploitation, which can be classified as
both sexual and non-sexual.

1
● Social Awareness Institution. (n.d.). Trafficking In Women And Girl Children For Commercial Sexual
Exploitation: An Inter State Explorative Study In Jharkhand, Odisha And West Bengal [Research study].
 Prostitution trafficking, commercial sexual abuse, pedophilia, pornography, cybersex, and other
forms of disguised sexual exploitation occur in massage parlours, beauty parlours, bars,
residential flats, and other manifestations such as call girl racket, friends clubs, and other forms
of disguised sexual exploitation are all included in the first category. Domestic labor, industrial
labor, adoption, organ donation, camel racing, marriage, and other sorts of servitude are
examples of non-sex-related trafficking. 2
The Fundamental Rights, which are contained in Part III of the Indian Constitution, are a charter
of rights that safeguard civil liberties so that all Indians can live happily and harmoniously as
citizens of India. As a result, we believe that a woman has the right to live a life that is both
enjoyable and secure. However, in the present day, or in the era of the flesh trade, it is extremely
difficult. Because a woman's life is in jeopardy in the hands of a man.3

Review of Literature
1. Priyanka R Mohod and Pankaj P Umbarkar, Immoral Trafficking of Woman and Right
to Life and Dignity-Vis-À-Vis Social Justice.
This article aimed to evaluate the social risks borne by women and the social status of women in
India. The authors of the paper aim to provide a brief overview of the crimes women and
subjected to in India and aims to look into trafficking trends in India. The author in the analysis
of the paper brings out the purpose of trafficking and how it amounts to a violation of the rights
and liberty of women. The paper also reiterates about the laws that are in place to prevent
trafficking and discusses the importance of social justice to ensure a free and fair society.

2. Immoral Trafficking of Women and Children in India

The paper aims to formulate a brief analysis on the trafficking of women and children in India.
The paper in its preliminary aims to establish trafficking to be an act that has a long history and
aims to establish the trails of trafficking from the 2000’s. The author in the essence lays down
the important factors and the purposes of the trafficking trade in and around the world. The
paper also discusses the legislations that are presently in effect and its efficacy in the
implementation of the same. Main points of contention in the paper was bought by the
punishment provided under law and the procedure for the same. Raja Lakshmi Ram Prakash, 3.
3. Delinking Prostitution from Trafficking
The paper here aims to discuss how the act of trafficking of women in and around the
world and prostitution are two different acts. The author in the paper aims to delink as the title
suggest and sheds light on the fact about how two different acts are implicated by linking one to

2
Doshi, N. (2012). Readings in Women and Children. Cyber Tech Publishers.
3
Abdul Basit Naik, Impacts, Causes and Consequences of Women Trafficking in India from Human Rights
Perspective, January 2018
another. The paper in the essence aims to discuss about the legislation- The Immoral Traffic
Prevention Act 1956 is a legislation that is unsound to the changing trends of trafficking and has
morally degraded prostitution n India which is although considered legal.

3. Sukanya Subhadarshana and Seemon Snigdha Jena, Accessing the Issues associated
with the Immoral Traffic (Prevention) Act 1956, International Journal of Law,
Management and Humanities, Vol 3, Issue 4

The research attempts to review the existing law about Human Trafficking in India and the
major concerns present in the act which are not addressed by the government. Since the Immoral
Traffic (Prevention) Act was last amended in the year 1986, it lacks a lot of changes which are
to be made for the act to fit in the present society. It also aims to highlight the problems in the
act with the help of case laws as to how the application of the act has somehow failed to grant
the remedy. Some new techniques and measures are required in both short-term and long-term
aspect to combat Human Trafficking. Like other countries where trafficking laws are much
stricter than India, it must adopt such anti-trafficking laws to evade the Human Trafficking issue.

4. Archana Singh, Women Trafficking In India; An Anthropological Study,

The paper assesses the social and economic factors that contribute to trafficking in India. The
author mainly identifies the problem areas of trafficking and provides a deep analysis of the
problems and identifies the dynamic of time as a major contributing factor to the growing trends
in trafficking. The author aims to discuss the factors from the grassroots level and the influences
of these factors in the trafficking of individuals.

RESEARCH QUESTION

The crux of the research paper centres on the questions of:

1. Whether the judiciary has taken appropriate and meaningful steps towards curbing the
issue.
2. What reforms can be brought into the legal framework of India to discipline the
situation.

CAUSES OF TRACKING

When people do not have access to economic opportunities, they are more vulnerable to human
trafficking. Persons without education, migrants without work permits, and those people who
live on the outskirts with fewer job prospects or choices as well as women and other members of
minority groups who may be unable to find work due to prejudice are all at risk in this sector.
People who are unable to find work elsewhere are lured into forced labour, sex trafficking,
bonded labour, and other forms of forced labour by traffickers.
​Pull factors include lucrative job opportunities in big cities, easy money, the promise of better
pay and comfortable life by trafficking touts and agents, demand for young girls for marriage in
other regions, demand for low-paid and underage sweatshop labor, and increasing demand for
young children for adoption.4 Some of these factors are elaborated below:
1. Forced marriage: Girls are often bought and sold like commodities in many parts of India
where the sex ratio is less as compared to males because of female infanticide. They are
then forced into marriage; they are not always only trafficked for prostitution.
2. Bonded labor: Debt labor is prohibited in India but is still widespread in our community
even when not much is known about it. According to the International Labor
Organization, the Asia-Pacific area employs more than 11.7 million individuals who are
forced to labor. People who are short on funds often sell their children as debt labor in
return for money. Human trafficking victims are at a higher risk of developing mental
illnesses, sadness, and anxiety. Women who are pushed into sexual trafficking are more
likely to contract HIV and other STDs.
3. Poverty: One of the most significant contributors to human trafficking is poverty. It has
the potential to motivate individuals to become traffickers, as well as parents to sell their
children or other family members into slavery. People in need are targeted by human
traffickers, who promise them a means to make money when, in reality, they will make
no money and be treated as slaves. Poverty is also a major factor in many of the other
core causes of human trafficking.
In Vishal Jet v. Union of India and others, a PIL was filed against constrained prostitution
of minors, devadasis, and jogins, and for their restoration. The Supreme Court held that
regardless of stringent and rehabilitative arrangements under the different
demonstrations, results were not as wanted and, along these lines, called for an
assessment of the measures by the focal and state governments to guarantee their
execution. The court called for extreme and quick lawful activity against exploiters, for
example, pimps, specialists, and houses of ill-reputed proprietors.

A few orders were by the court, which, bury alia, included setting up of a different
Zonal Advisory Committee, giving rehabilitative homes, and so forth. The Apex held, “It

4
Abdul Basit Naik, Impacts, Causes and Consequences of Women Trafficking in India from Human Rights
Perspective, January 2018
 is highly deplorable and heartening to note that many poverty-stricken children and girls
in the prime of youth are taken it flesh market and are forcibly pushed into the ‘flesh
trade’ which is being carried on in utter violation of all canons of morality, decency, and
dignity of humankind. There cannot be two opinions indeed, that this obnoxious and
abominable crime committed with all kinds of unthinkable vulgarity should be
eradicated at all levels by drastic steps.”
4. Lack of Education: Lack of education can result in fewer chances for work that pays a
decent wage, as well as a lack of understanding of one's rights. People may be more
vulnerable to human trafficking as a result of either consequence. To combat human
trafficking, education can help the youth understand to make changes in their
communities as they get older, preventing traffickers from exploiting conditions and
weaknesses.
5.Lack of legitimate economic options: People who do not have legitimate economic
prospects are more vulnerable to human trafficking. Migrants without work permits,
those without education, those who reside in rural areas where there are fewer job
opportunities, as well as women and certain ethnic groups who may be unable to find
work owing to discrimination, are all particularly susceptible in this area. People who are
unable to find work elsewhere are lured into forced labour, sex trafficking, bonded
labour, and other forms of forced labour by traffickers.

TRAFFICKING- INDIA AND AROUND THE WORLD

Trafficking of individuals is the enrolment, transportation exchange, and receipt of individuals

with the end goal of misuse (work or sexual) by pressure extortion misleading, risk, mishandle
of force or. ' position of defencelessness'. Victims are selected based on their vulnerabilities and
transported between nations and regions through deceit or compulsion They are deprived of
their autonomy, freedom of movement, and choice once they reach their destination, and are
compelled to work under perilous conditions. They are frequently subjected to physical and
emotional abuse. It is a universally sorted out criminal marvel obviously showing human rights
violation. Because of persevering disparities around the world, a woman is more powerless
against this servitude like practice which is an outcome of organized sexual discrimination as
viciousness. Recent global estimates realized by the United Nations Drugs and Crime (UNODC)
on global trafficking have said to cause deep shock to many governments.

The report made from the data collected by over 155 countries has offered a first-hand report on
the trafficking practices in various countries and the measures in place to control the same. The
report indicates that the main reason of trafficking among women was for sexual exploitation of
women and girls. The report was also said to evaluate the legal stance of different countries and
the enforceability of The United Nations Protocol against Trafficking in Persons. The outcome
was said to be a negative one owing to the lack of implementation and political will in many
developing nations. 5

Currently, in the 21st century, many sources claim that trafficking is no different from modern
slavery where people trade innocent humans for exploitation and gain. Recent studies published
during the pandemic by the United Nations Office of Drug and Crime indicate that in 2018
about 50,000 human trafficking victims were detected and reported in 148 countries. Female
victims of human trafficking continue to be disproportionately affected. The projected number
of trafficked women and children increased from 1.5 to 1.8 million in 2009 to 4.5 million in
2015, with 55 to 60% of them being women for sex trade. The six-year quantum jump indicates
a rapidly evolving and difficult-to-control scenario all across the planet. India, too, has a high
prevalence of human trafficking and is a destination place for women trafficked from nearby
nations such as Nepal, Bangladesh, and Afghanistan, as well as far-flung countries like as
Russia, Ukraine, Serbia, Kazakhstan, Azerbaijan, and Uzbekistan. In 2018, roughly five adult
women and two girls were found for every ten victims worldwide. About a third of the total
victims were found. were youngsters, both boys and girls (19% and 15%, respectively).
However, given the veiled nature of this crime, the actual number of victims trafficked is far
higher. The data collected and analysed also suspects that the ongoing pandemic however will
act as a catalyst in trafficking globally, owing to the job loss and lack of social support. One of
the more concerning outcomes of the study was that trafficking of persons was seen to flow
from the poor regions to affluent regions thereby indicating a paradigm shift. The figure below
represents the estimates of the number of people trafficked in India between 2017 to 2018.6

5
COVID-19 Seen Worsening Overall Trend in Human Trafficking. (n.d.). United Nations: Office on Drugs and
Crime. Retrieved 27 April 2022, from Doshi, N. (2012). Readings in Women and Children. Cyber Tech Publishers
6
Kangaspunta, K. (n.d.). Global trends and patterns of human trafficking
 Figure 1

INTERNATIONAL CONVENTIONS ON HUMAN TRAFFICKING

Over the years trafficking in human beings has been reduced to a global phenomenon. There is
no country in the whole world where trafficking does not exist. Many countries in the present
days has identified trafficking as a type of modern slavery where people exploit and take
advantage of vulnerable groups like women and children. Currently trafficking has become a
market on a universal level and has rampantly grown in view of globalization. With such a fast
growing rate of trafficking in the world many international conventions and guidelines were
formulated by famous world organizations like the United Nations and its other organs.

The Slavery Convention of 1926

The slavery Convention of 1926 was created by the league of Nations and serves as an
instrument effected to prevent slave trade on an international level. The convention bans slavery
and slave trade and primarily aims elimination of such practices. The convention also prohibits
trafficking as it states that parties to the convention are restricted thereupon to charge any type
of constrained work where the person has full control over the other with the end goal being
abuse.7

7
Louise, S. (2010). Human trafficking: A global perspective. Cambridge University Press, 2010
The International Convention for Suppression of the Traffic of Women and Children 1921

The treaty of The International Convention for Suppression of the Traffic of Women and
Children 1921 was signed and adopted by the League of Nations as a conclusion to the
International conference which was summoned by the League of councils in 1921.It was a
multilateral treaty signed by many countries. The treaty is a primary international framework
that aims to regulate trafficking, especially in women and children. Article 2 of the act confers
responsibility of tracing trafficking and prosecution of the persons involved in trafficking.8

International Convention for Suppression of Traffic in women of full age

The International Convention for Suppression of Traffic in women of full age was made in 1933
owing to support in 1921. Established by the League of Nations the convention also aims to
completely secure the suppression of the trafficking in women in all countries. The term
countries were included to ensure the inclusion of all colonies and territories that existed during
those times.

Universal Declaration of Human Rights 1948

The Universal deceleration of human rights confirm that rights are possessed by people
irrespective of race, sex, caste and gender. Article 4 of the declaration states that any form of
slavery and slave trade is prohibited. Article 13 provides each human being the right to move
freely and reside in any place. Hence the declaration aims to uphold these rights to prevent the
traffic of humans.

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others, 1949

The treaty of Convention for the Suppression of the Traffic in Persons and of the Exploitation of
the Prostitution of Others, 1949 is an amalgamation of the past international treaties which were
the result of the conventions held in 1904, 1910, 1921. The treaty serves as a comprehensive
framework to prevent, prohibit and regulate trafficking of people. The treaty made the act of
trafficking culpable regardless of geography, age of the individuals. It also provides for certain
measures and remedies for preventing trafficking.

8
International Convention for the Suppression of the Traffic in Women and Children, 1921. (n.d.). Retrieved 27
April 2022
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, 2000

The UN Trafficking Protocol tries to make a worldwide dialect to characterize

trafficking in people, particularly women and kids, help casualties of trafficking,
and avoid trafficking in people.9

REGIONAL INITIATIVES- A SOUTH ASIAN PERSPECTIVE

The SAARC Convention on Preventing and Combating Trafficking in Women and

Children for Prostitution 2002

The convention mainly focused on the promoting co-operating of the member countries to
effectively deal with the prevention, interdiction and suppression of trafficking in women. The
convention also aimed at the prevention of use of women in creating prostitution networks.
Apart from establishing a regulatory framework, the convention also aimed at establishing a
regional task force to keep in check the trafficking trends in all the member countries.

World Conference on Human Rights 14 25 June 1993 Vienna, Austria:

This gathering found a way to advance and secure the privileges of women and kids by
supporting the formation of new instruments and pushing the all-inclusive approval of the
Convention on the Rights of the Child by the year 1995.

The Honolulu Declaration 2002

The declaration aimed at unfolding the structural inefficacies of the existing legislations. The
declaration aimed primarily to focus on the causes of trafficking and its effect on the trafficking
trends over the years.

INDIAN LEGAL FRAMEWORK AROUND TRAFFICKING

The Constitution of India, under Article 23(1), restricts trafficking in individuals and constrained
labor This privilege is enforceable against the State and private subjects.
The Indian Penal Code, 1860 and its pertinent arrangements under sections 293,294,
317,339,340, 341, 342, 354, 359, the in IAN 362 363 365 and 366, 370, 371, 372, 373, 375, 376,
496, 498, 506, 509, and 511. Of essentialness are Sections 366A, which makes procuration of
minor girls (beneath the age of 18 years) starting with one a player in India then onto the next

9
Nair, P., & Sen, S. (2005). Trafficking in Women and Children In India. Orient Longman Pvt.Ltd
culpable, and Section 366 B, which makes importation of a young lady underneath the age of
twenty-one years culpable.
Segment 374 gives discipline to convincing any individual to work against the will of that
individual.

Suppression of Immoral Traffic in Women and Girls Act, (SITA) 1956

It was sanctioned under Article 35 of the Indian Constitution with the question of restraining or
abrogating the indecent trafficking in women. It was incompatibility of the Trafficking
Convention, which India signed on 9 May 1950: The Act planned to save the majority of ladies,
to avoid the decay of open ethics, and to stamp out the underhandedness of prostitution, which
was widespread in different parts of the nation. In 1978, SIT A was changed by the Amendment
Act 46 of 1978, which produced results from 2 October 1979. This was inferable from the
acknowledgment that the social insidiousness needed to be curbed and that existing provisions
failed to do so.

Immoral Traffic (Prevention) Act 1956

The Act is an uncommon enactment of that arrangement solely with trafficking. The Act
characterizes the terms ‘whorehouse’, ‘extraordinary cop’ and ‘trafficking officer’. The reason
for the sanctioning was a hinder or to nullify marketed bad habit, specifically the trafficking in
women with the end goal of prostitution, as a composed methods of living
Offenses under the Act are:

Section 3- Discipline for keeping a house of ill-repute or permitting premises to be utilized as a

brothel.
(i) punishment for keeping a brothel or allowing premises to be used as a brothel.
(ii) punishment for living on the earnings of prostitution (S. 4)
(iii) procuring, inducing or taking persons for the sake of prostitution (S.5)
(iv) detaining a person in premises where prostitution is carried on (S6)
(v)prostitution in or the vicinity of public places (S.7)
(vi) seducing or soliciting for the purpose of prostitute. (S.8)
(vii) seduction of a person in custody (S.9)
The law presents wide powers on the concerned experts in matters of protect and recovery of
survivors and accommodates stringent activity against exploiters including the removal of
brothel, reconnaissance, internment, and also disturbed discipline when the offenses are
conferred on kids.
The Probation of Offenders Act, 1958
This Act is aimed at the offenders. It vital elements are:
● The Act engages the court to discharge certain guilty parties after advice and place certain
different wrongdoers on post-trial supervision for good lead, and
● The Act puts a limitation on the court, disallowing the detainment of any guilty party
beneath the age of 21 years, who has not submitted an offense culpable with detainment
forever, unless the conditions of the cause or nature of the offense require that the guilty
party be rebuffed.

Indecent Representation of Women (Prohibition) Act, 1986

The Act characterizes “indecent representation of women” as the delineation in any way of the
figure of a lady, her type of body or any part thereof so as to have the impact of being being
profane, or critical to, or maligning of ladies; or is probably going to debase, degenerate or harm
open profound quality. The Act puts a limitation on the distributing or sending posts, or of bool,
leaflets and so on., containing obscene portrayals of ladies, and denies all people from people
from getting specifically or in a roundabout way in the production or presentation of aby
ad containing disgusting portrayals of ladies in any frame.

The Child Marriage Restraint Act, 1929

The Act sets down the legal age for marriage as 18 years for girls and 21 years for boys.
Characterizes the terms ‘child marriage’, ‘child’, ‘contracting parties’, ‘minors’, and so forth.
The Act enables the court issues directives forbidding child marriage.

The Bonded Labor System (abolition) Act, 1976

Defines the terms ‘advance’, ‘agreement ', ‘ascendant’, ‘descendant’, ‘bonded debt’, ‘bonded
labor system’ for initiating appropriate action. 10

Ujjwala Scheme

The Ujwala Scheme is a scheme that has come up with a comprehensive programme for victims
of human trafficking mainly women and children. The scheme has 5 components: 1. Prevention
2. Rescue 3. Rehabilitation 4. Re-integration and 5. Repatriation.

10
Immoral Trafficking of Women and Children in India. (n.d.).
 1. Prevention: Formation of Community Vigilance groups, where women from the society
are encouraged to join. At the community level, sensitisation workshops and seminars
are held, and awareness is conveyed through media, street dramas, puppetry and other art
forms.
2. Rescue: Rescue activities entail acquiring information about vulnerable families and
suspicious individuals from police, NGOs, women and youth groups, panchayats, hotel
and tour companies, and other sources. Deception of customers/informants, as well as
preliminary documentation, are all part of actual rescue operations. Relief is provided to
the victim by meeting urgent necessities such as food, clothes, and shelter, as well as
providing medical and psychological interventions as needed.
3. Rehabilitation: Rehabilitation is a multi-faceted strategy that includes the establishment
of protective and rehabilitative houses. Food, clothing, and other personal items are
provided as basic necessities. Medical care is provided, which includes doctor's fees,
hospitalization, and registered medical practitioners' treatment of both physical and
mental traumas. The victim receives legal assistance, which includes court work and
documentation so that she can exercise her rights to property, maintenance, and child
custody. The project is also responsible for administrative costs. To rehabilitate the
victim, education or vocational training is provided, as well as basic necessities such as
books, stationery, uniforms, and other costs.
4. Re-integration: It means providing for halfway homes and restoring the victims to their
family while the expenses are borne by the project. Half-way homes are for those victims
who are gainfully employed.
5. Repatriation: The process and actual delivery of the victim with an escort to cross-border
countries are both included in repatriation. Her expenditures are paid for by the project.11

VIOLATION OF RIGHTS AND ANALYSIS FROM TRAFFICKING PERSPECTIVE

Women who are already termed as the vulnerable class in the society face myriads of problems
with regard to enforcing their basic rights. They are often subjected to various forms of crimes
and are subjected to many forms of exploitation. Crimes such as trafficking however create
complexities in enforcing such rights. According to Salmond: “A right is an interest recognized
and protected by a rule of right. It is any interest, respect for which is a duty, and the disregard
of which is wrong.” In the present context the victims subjected to trafficking are deprived of

11
Srishti Prakash & Eva Nath, Legal Aid to Women Trafficking and Prostitution. (n.d.)
their right to life and dignity when the mere causes such as poverty, social deprivation,
economic condition and cultural practices become active agents of coercion thereby leading to
trafficking.

In the light of the present situation of trafficking the Right to life and dignity of the victims are
grievously violated and due to external and internal factors as discussed prior. Although the state
is bound by the duty to prevent such infringement it's often forgotten to check the effectiveness
of the same. Although laws in the constitution and legislations vouch for the “prevention,
prohibition and control” of trafficking by legislative means the mere codification and enactment
little does aim to solve a humanitarian issue and crisis such as trafficking. The Immoral Traffic
(Prevention) Act 1956 although possess all the required components of a perfect legislation
lacks to address the main issue and practice of trafficking. The legislation as per the title aims to
prevent trafficking mere discusses any action the government is willing to prohibit the
trafficking that has affected the status of women in the country. Although the government does
not have a duty to secure the rights of the citizens in the country but are duty bound to not act in
any means or manner that infringes these rights. If viewed in this perspective the mere
codification of unsound laws such as the Immoral Traffic (Prevention) Act 1956 and
Suppression of Immoral Traffic acts which merely aim to answer or regulate the trafficking
practices in the country.12

Woman trafficking puts a woman's life and limb in jeopardy. Woman trafficking is defined as a
crime that infringes on a woman's fundamental right. Our Indian Constitution guarantees
everyone's fundamental rights. These are the fundamentals. Rights safeguard a person's morals
and dignity. According to Article 21 of the Constitution, every individual has the right to live a
decent life. As a result, certain kinds of people's liberty is violated by these practices. Women's
trafficking is a method of exploiting women. Without her permission, a woman was used for an
illegal purpose. Whether in India or elsewhere, Women’s trafficking is on the rise.

As observed in the previous parts of the paper which discusses the loopholes, we further in our
suggestions aim to bridge the loopholes in order to ensure that victims who are trafficked are
provided with timely justice and are not subjected to any form of injustice.

RECOMMENDATIONS

1. Training of rescue and involved personnel-Sensitisation Training programmes for law

enforcement agencies, judicial officers and specific government officers should be made
mandatory.
12
Chugh, D., & Sharma, S. Hohfeld’s Analysis Of Legal Rights. (n.d.).
2. Formation of a due procedure-During a rescue operation the presence of a Special
Police Officer, social worker, NGO or a person from the community should be there.
After the rescue of the girl there should be immediate counselling to help her give her
statements to the police against the traffickers, factory owners etc.
3. Intercountry Trafficking Regulations-The Border Security Forces should be very alert
near border areas especially near Nepal and should examine all people crossing the
border. Special checks and monitoring should be conducted near small roads used by
traffickers.
4. Legal Awareness through campaigns- In places where girls and women are subjected
to trafficking because of their socio-economic situations, Public Awareness Campaigns
should be held. The sanctions and punishments for human trafficking should also be
highlighted in the public awareness campaign. This will have a dual purpose: first, it will
raise awareness of the problem within the vulnerable target group, and second, it will
operate as a deterrent by instilling dread in the minds of the criminals, particularly the
relatives of the vulnerable girls and women.
5. Free legal aid - Free legal aid under article 39 A can be availed by victims of trafficking
in case of lack of funds to avail proper justice. It invokes the right to seek compensation
for injuries, right to temporary residence and right to seek asylum. It tries to cover all
aspects from rescue to rehabilitation and hence, victims should be made aware of it.
6. Care of Trafficked Victims- I) Attempts should be made to move away from
institutionalized care and toward community-based care - Section 19 of the ITPA allows
the person to apply to the magistrate with jurisdiction for an order allowing her to be
placed in a protective home or receive care and protection from the court. The words
corrective institution, which are disparaging, are included in this clause in sub section
3(ii). A move away from custodial/institutional care toward more therapeutic
non-custodial drop-in shelters and community-based care should be attempted.

ii) Training in economic and financial independence along with vocational trades to
ensure economic rehabilitation should be given to rescued girls who have been
abandoned by their families or are homeless.
7. Legislative Reforms

i) Amendment to the ITPA 1956

The Immoral Trafficking (Prevention) Act 1956 does not define immoral trafficking and
hence without a proper ambit to what constitutes as immoral trafficking the law is said to
form a grey area thereby making the act of trafficking unclear and ambiguous in a legal
sense.
ii) Strict penalties for trafficking and mere offense of trafficking
In eve of a mere offense or commission of trafficking it is recommended that strict
penalties be imposed on the people who commit such an offense keeping in line with the
criminal law.
iii) Establishing a state level board
A state level board for review and periodical check of trafficking in all the states must be
established. The board can also act as an authority to provide regulatory mechanisms to
oversee the process of rehabilitation of the women as per the provisions of the IRTP Act.
iv)Proper implementation of Laws and Regulations
Apart from these the guidelines for preventing trafficking on national and international
levels lack proper implementation due to differences in geographical and cultural
variations within and among countries. Laws and guidelines established in national and
international levels need to be more certain and flexible Hence it is recommended that a
proper policy and a guideline in national and international levels to combat trafficking
and ensure proper implementation of existing laws be formed and implemented.
v) Formation of International Convention
The convention should be made and bought into effect in agreement and consultation
with all the countries and ensure maximum participation of all countries. It is thereby
suggested that an international convention is brought into effect that is a comprehensive
structure that provides proper regulatory mechanism to prevent and prohibit trafficking
from the grass root level.
CONCLUSION

The above discussion demonstrates the socioeconomic situation of women's evolution in society.
Despite her status as the "possible creator" of human civilization, history revealed that she was
subjected to discrimination, deprivation, and social supremacy. Despite the existence of
numerous provisions and legislation, human trafficking continues to exist in the world. The
victim is forced to submit to this evil by a variety of circumstances. Furthermore, because it has
been in society since ancient times, combating human trafficking is tough. As a result, the focus
must remain on the victim, the necessity for preventative measures, early rescue operations,
proper law enforcement, measures for rescuing the rescued, and the assignment of duty for
rehabilitation and reintegration.

There is a desperate need to educate women and counselled in order to become aware of and
prevent human trafficking. NGO's should also play a proper role, and the federal and state
governments should take effective, quick, and practical steps to guarantee that the existing legal
provisions against commercial sexual exploitation of women are strictly implemented. Also, the
government and non-governmental organizations (NGOs) should collaborate to safeguard
women, and the media should raise public awareness. Then and only then must this heinous and
unlawful act of women trafficking will be put to an end.13

13
Ms. Priyanka R. Mohod & Mr. Pankaj P. Umbarkar, Immoral Trafficking of Woman and Right to Life and Dignity
Vis-À-Vis Social Justice. (n.d.)
Article on:

GENDER-BASED VIOLENCE DURING THE COVID-19 PANDEMIC

The COVID 19 pandemic has brought various implications and changes in our day-to-day lives.
Some of the implications include toll on mental health, economic implications due to
unemployment, a standstill in jobs, etc. The vulnerabilities such as economic instability,
jeopardised livelihoods, and higher levels of stress due to the dual load of care and home
responsibilities have exacerbated the phenomenon. With the onset of the pandemic, the world
was compelled to stay put in their homes for a number of days without much access to the
outside world. With an overbearing effect on essential services such as health, the world was
overwhelmed with numerous challenges such as an increase in gender-based violence, especially
against women in their own houses.
Several reports and data published during the pandemic show a significant increase in
gender-based violence. Gender-based violence (GBV), or violence against women and girls, is
regarded as a global pandemic that affects one in every three women across their lifetime. The
recurrent lockdowns and continuing disturbances to essential support services has generated a
"shadow pandemic". This increased exposure to abuse and violence, is what specialists deem as
a "shadow pandemic". Gender-based violence (GBV), which is an expression of gender
inequality and toxic masculinity, is another pandemic that exists in all societies at varying
degrees of prevalence and severity. With the lockdown as a consequence to the novel virus that
engulfed the whole world women around the world were forced to remain with their abusers
without many options. In India reports established in the past few months indicate a drastic rise
of humanitarian crimes like domestic violence, child marriage, trafficking during the initial
months of the pandemic. This was supported by the data released by the National Women’s
Commission which indicated that reports of domestic violence during the pandemic was 2.5
times more than the annual average. Many other sources revealed many of the reports were not
reported as women had less privacy and narrow channels to reach out for help. In response to the
data published the Government of India in order to assist the vulnerable women grouped the
domestic violence services and the shelters as essential services in order to prevent humanitarian
crimes.
As a result of the on going global crisis it has been observed that pandemics bear a significant
effect on breakdown of social infrastructures thus amounting to the already existing weaknesses
and conflicts that are prevailent. As a result, the covid 19 pandemic has seen to worsen the
existing gender inequality. It has also increased the exposure of children and women to
harassment and sexual violence when they try to procure necessities such as water, food, shelter
and clothing. Law bears a huge importance on collective function of all aspects of society, an
eventual breakdown of the same has seen to cause repercussions which are unprecedented for.
Law being the guardian and protector and so is responsible for preserving the social
infrastructure hence it is recommended that by improving women’s financial security through
Skills development and financial literacy programs, building strong community based support
systems and by creating awareness on gender based crimes women of the country will be able to
uphold their basic rights.
Hence, it can be concluded that the pandemic has called for addressing gender based violence on
a national and international levels in order to uphold the interests of women and secure their
rights.
 CERTIFICATE OF PRESENTATION
This certificate is awarded to

Ms. Manasi Ravindra

of SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)
for presenting a paper titled IMMORAL TRAFFICKING OF WOMEN: A DETAILED
ANALYSIS
in Virtual International Conference on 'Women Rights in Developing Countries: Issues
and Challenges' organized on May 15, 2022.

Mr. Ayush Pandey Dr. Sukhvinder Singh Dari

Co-Founder, Jus Corpus Director, SLS Nagpur