International Journal of Law

International Journal of Law

ISSN: 2455-2194; Impact Factor: RJIF 5.12
Received: 13-05-2020; Accepted: 15-05-2020; Published: 19-06-2020
www.lawjournals.org
Volume 6; Issue 2; 2020; Page No. 280-282

Human trafficking and its legal framework in India

Megha S
Third Year, Sixth Semester B com LLB (HONS), School of Legal Studies, Cusat, Kerala, India

Abstract
Human trafficking is a trade done on human beings. The offendenders of such crime are called as traffickers. The traffickers
traffic human beings, exploit them in various ways for the purpose of financial earning. Human trafficking violates most of the
human rights of the victim. The victims of human trafficking will have to face a lot of aftereffects which include emotional
trauma, physical injuries due to assault. The scariest aftereffect of human trafficking is the psychological problems faced by
the victims. This can last for a life time on the victim which leave them back alone, not letting them interact with people. This
paper deals with the aspect of human trafficking in India. The paper analyses, people who are mostly to be a victim of human
trafficking, causes of human trafficking on victims, impact of human trafficking on its victims, reason for the expansion of
human trafficking in India. The paper studies on the Indian domestic legislation on human trafficking in the light of the
International Conventions on the subject matter. At last the paper recommends some measures on preventing human
trafficking

Keywords: human trafficking, human rights, international conventions, domestic legislations

Introduction Trafficked minors are the most vulnerable due to their age.
Human Trafficking It may highly impact children's emotional, physical and
Human trafficking is the practice of illegally transporting overall psychological development. Victims might also
people from one are or country to another, who are the experience social ostracism. They often gets isolated from
exploited in various ways like for the purpose of organ their social circles, setting them aside being unable to
trade,forced labour, sexual slavery, harboring children for engage socially or to reach out for help.
war purposes etc. Women and children are the ones who had
to pay the highest price. They are trafficked for the purpose Who is at risk?
of commercial sexual exploitation and forced marriage. Individuals from any class or category can be targeted in
Many children are subjected to forced labour as factory human trafficking schemes. The following groups are
workers, beggars, agricultural workers, while others are especially vulnerable:
used as child soldiers by terrorist groups. India is one  Individuals who have experienced childhood abuse and
primary source of women and children being smuggled for neglect
sexual exploitation. It is noted that human trafficking earns  People experiencing homelessness
global profits of around $150 billion per year for the  Children and youth involved in the foster care and
traffickers and $99 billion from commercial sexual juvenile justice systems
exploitation. Traffickers use force, fraud to lure their  Survivors of violence
victims and force them into labour and other commercial  Lesbian, Gay, Bisexual, Transgender and Questionin
exploitation. They look for people who are susceptible for (LGBTQ) individuals.
different reasons which include psychological or emotional  Migrant workers
vulnerability, lack of social safety net, natural disasters or  Racial and ethnic minorities
political instability. The trauma caused by these traffickers  People with history of abuse
can be so high that most of the victims may not identify  People with low incomes
themselves as victims or may push away themselves from  Communities exposed to intergenerational trauma
seeking help, even in highly public settings. The federal,
legal definition of a severe form of human trafficking Causes of human trafficking
describes three facets of the crime: 1) an action The causes are determined by political, economic and
1. a means cultural factors. Primarily there are various aspects like need
2. a purpose for employment,poverty,social conditions, economic
stability, lack of access to proper education etc. In
Human trafficking can happen in any community and the developed countries there are demand for less expensive
victims can be of any age, race, gender or nationality. products, cheap labour and low priced services. Certain
Traffickers use violence, manipulation of false promises like organised crime groups have found an opportunity for
romantic relationships to lure victims to trafficking making huge profits. People use smuggling channels for the
purposes. Language barriers, fear of traffickers or fear of purpose of human trafficking exposing them to exploitation,
law enforcement frequently keeps the victims away from violence and abuse. Other causes include:
seeking help, this makes human trafficking a hidden crime.  Lack of education

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 Demand for cheap labour/demand for sex Proper domestic legislation that combats all forms of human
 Lack of legitimate economic opportunities trafficking.
 Social and cultural factors
 Huge profit on trafficking The Scheduled Castes and Scheduled Tribes Act, 1989
 Lack of safe migration option Most of the human trafficking victims belong to
marginalized groups of the society.The traffickers target
Impact of human trafficking such area where the victims are backward in social and
The victims are often abused and exploited in certain literacy aspects.This gives an additional safeguard to
conditions which might lead to either short term or long women and young girls belonging to scheduled cast and
term, minor or severe psychological condition, diseases scheduled tribes and also to create a greater burden on the
especially Sexually Transmitted Diseases (STD) or HIV trafficker to prove his lack of connivance in the issue.
viruses. These conditions can also lead to death of the Section 3 of this act deals with atrocities committed against
victim. Studies have said that the injuries and trauma people belonging to scheduled cast and scheduled tribe.
acquired can last for a long period even after the person is It covers certain modes of trafficking such as forced labour
free from exploitation. Even rehabilitation might not help and sexual exploitation of women. A person who engages in
the person. Though the victim is free from physical assaults such an offence will be liable to be punished with a
and problems, the trauma and the psychological harm minimum imprisonment of nine months which may extend
caused to the victim will not let them live a normal life. upto five Years if the offence is covered under section 3 of
the act.
Legal Frameworks on Humsn Trafficking
The Indian Penal Code (1860) addresses the issue of human International conventions: human trafficking
trafficking under Section 370 and 379 A. According to these International covenant on civil and political rights
sections of IPC, it prohibits trafficking of women and girls Under article 8(1) and article (2) of ICCPR the person
and it prescribed ruthless punishments for the offenders. It should not be apprehended under bondage and servitude. It
states that if any person who buys or sells a person under the is also said that the trade which is done for domestic slavery
age of 18years for the purpose of prostitution and sexual and servitude must be prohibited.
exploitation or for any other immoral purposes will be liable
for upto 10 years imprisonment and fine. Ilo convention forced labour
According to this convention, it basically calls for the
Juvenile Justice Act, 2000 suppression of forced labour in all its forms. The forced
According to Juvenile Justice (Care and Protection of labour is hence defined as " all work or service which is
Children) Act there is no difference between a minor and a exacted from any person under the menace of any penalty
child. By this act every person under the age of Eighteen and for which the said person has not offered himself
years are considered as a child. The child mentioned is a voluntarily".
child in need of care and protection.
International Covenant on Economic, Social and
Constitution of India, 1949 Cultural Rights
The Constitution of India, 1949 prohibits human trafficking Under the Article 10(3) of Covenant on Economic, Social
and guarantees many internationally acknowledged human and Cultural Rights (ICESCR) provides that every child and
rights norms like right to life and personal liberty, right to young people should be given protection and assistance
equality, right to freedom, right to constitutional remedies. without discrimination or bias on the basis of caste, reason
The right against exploitation is also a fundamental right of of parentage and any other condition .They should be
a Indian citizen. protected from economic and social exploitation.

Immoral Traffic Prevention Act, 1986 Article 4 of universal declaration of human rights
Government of India ratified the International Convention According to this article a person should not be detained
for Suppression of Immoral Traffic in persons and also under slavery or servitude. Slavery or servitude trade must
exploitation of Prostitution of others in 1950.As a be prohibited in all their forms.
consequence of this ratification the Government of India
passed the Suppression of Immoral Traffic in Women and International Convention for Suppression of White
Girls Act (SITA) in 1956.In the year 1986 the act was Slave Traffic, 1910
amended and changed which was known as Immoral Traffic This convention criminalized procurement, enticement of
Prevention Act (1986). leading away of a women or girl under 21 years of age, even
According to its preamble the purpose of this act is to give with her consent for immoral purposes irrespective of the
effect to Trafficking Convention and to prohibit Immoral fact that various acts constituting offence may have been
human trafficking. The offences included here are taking committed in various countries.
persons for the purpose of prostitution, seducing for
prostitution, making life with the earnings from prostitution, United Nations Convention against Torture and Other
detaining a person in premises of brothel, seduction of a Cruel, Inhuman or Degrading Treatment or
person in custody, keeping a brothel or allowing premises to Punishment, 1984
be used as a brothel etc. The Immoral Traffic (prevention) According to this convention, it specifically provides that, if
Amendment Bill, 2006 also focuses on trafficking done for any person return to his or her state under substantial ground
the purpose of sexual exploitation. Hence in India, there is of being in danger of any torture then the compensation is
no also predetermined under this convention

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 The migration aspects from one country to another

United Nations Convention against Transnational country must be strengthened in order to prevent
Organized Crime transnational orgnized crime of human trafficking.
This convention consists of forty one articles that require
states parties to criminalize inter alia,participation in an Conclusion
organized group under article 5,the laundering of the Human trafficking is one of the worst crimes ever. This can
proceeds of crime(article 6) and corruption(article 8) States give the victims a life long injury both to their body and
parties are additionally obliged to adopt measures for metal health. Due to the fear that is created by the traffickers
prosecution of offenders(article 10 and article 11) and the the victims can be psychologically affected. This kind of
confiscation and seizure of inter alia,the proceeds of such modern slave trade has washed away the humanity among
crimes(article 12 to 14).Each protocol sets out a number of those who are being involved. The moral values, ethos and
obligations for each of the three specific sub areas of sense of belonging as a member of same human race has
transnational organized crime that are focused upon. been curbed by the individual interest and pleasure. People
who are in poverty line must be given awareness about
Reasons behind the expansion of human trafficking in human trafficking and its consequences in order to prevent
India them from becoming victims.The victims of human
The common factor that was identified as the main driving trafficking are mostly the persons from below poverty line
force behind human trafficking is poverty. Caste based so the offence of human trafficking can be greatly prevented
discriminations, lack of resources, lack of human and social if Government helps the poor sections of the society and
capital, social insecurity, gender discrimination, provides them with adequate education and employment.
commodification of women, social exclusion,
marginalisation, inadequate and outdated state policies, lack References
of governance, nexus of police and traffickers, 1. Vimal Vidushy, Human Trafficking in India,
unemployment, breaking down of community support International Journal of Applied Research, 2016.
system, cheap child labour, child marriage and priority to 2. Tripathi SC, Vibha Arora. Law Relating To Women
marriage, attraction of city life, corruption, employment And Children 407 (6TH ed 2015)
trade, migration policies conflict and lack of awareness 3. K.C. Joshi, International Law and Human Rights,
among the victims are also some factors leading to human Eastern Book Company, Second edition, 2012.
trafficking. The decreasing sex ratio and the increasing 4. Lokendra Malik, Rule of Law and Human Rights in
demand of women in women starve areas would also be India, Universal Law Publishing CO,
considered as a factor behind bribe trafficking in India. 5. Paras Diwan, Human Rights and the Law, Deep and
There are also certain other factors that are responsible Deep Publications, New Delhi.
through direct and indirect means and mode,but,all king of 6. Constitution of India
these push factors force the victim to get further 7. Ministy of women and child development
exploitation, vulnerabilities and to become an element of 8. Nair pm, human trafficking: dimensions, challenges and
this modern kind of slavery throughout their life span. responsibilities, delhi, konark publishers, 2010
9. Unodc, trafficking in persons: Global patterns, United
The world's most dangerous country for women? Nations, 2006,
India has been coined 'the world's most dangerous country
for women' title ahead of Afganistan, Syria and Saudi
Arabia. It is true that discrimination and violence against
women are ingrained in the Indian Society. Discrimination
starts at birth where many people think giving birth to a girl
child is a curse. Infants are being stolen for beggary and
women enrolled in forced prostitution; about 70000 children
are working as bounded labourer in private mines while
others are being used as domestic servants after inheriting
their parent's debt. Some of them are even being sold for
organ traffickers. Untill recent years, the problem of human
trafficking had remained unnoticed due to high prevalence
of rural poverty. Children from tribal areas are at greater
risk of human trafficking, including the Kuki people from
Manipur as well as the Nagas from the Northeast, while
Jharkhand state and the Anantapir regions of Andra Pradesh
state are some of the areas prone to human trafficking.

Suggestions
 The domestic legislation for combating human
trafficking in India must be strengthened that it must
combat all forms of human trafficking
 Not only women and children, men must also be given
with adequate means of education and employment.
 Many more rehabilitation centres must be established
for the welfare of the victims.

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