Supreme Court Slams Centre for Inaction Over Direction on Sex Trafficking

Syllabus: GS2/ Polity and Governance

Context

• The Supreme Court criticised the Union government over its failure to establish a dedicated Organised Crime Investigative Agency (OCIA) for tackling sex trafficking –– a promise made to the court in 2015.

Human trafficking in India

• India is a source as well as a destination country for human trafficking. 
• The main source countries are Nepal, Bangladesh and Myanmar from where women and girls are trafficked in the lure of a better life, jobs and good living conditions on this side.
• According to the Ministry of Home Affairs, India recorded as many as 10,659 cases of human trafficking between 2018 and 2022.
  • Maharashtra registered the highest number of cases i.e. 1,392 in the past five years, followed by Telangana (1,301) and Andhra Pradesh (987).

Reasons for Human/Sex Trafficking

• Poverty: Individuals and families living in poverty are more susceptible to the false promises of traffickers who offer better opportunities and livelihoods.
• Lack of Awareness: Low literacy levels and limited awareness make people, especially in rural areas, more vulnerable to deception and exploitation.
• Migration: Unregulated migration, both domestic and international, creates opportunities for traffickers to target individuals who are disconnected from their support networks.
• Inadequate training of law enforcement agencies, and corruption exacerbate the challenges of effectively addressing trafficking.

Implications of Sex Trafficking

• Human Rights Violations: Victims of sex trafficking suffer severe violations of their fundamental human rights, including freedom, dignity, and bodily autonomy.
• Perpetuation of Inequality: Sex trafficking reinforces existing social inequalities, especially against women and marginalized groups, perpetuating cycles of poverty and discrimination.
• Economic Costs: Trafficking undermines workforce potential and economic growth.

Constitutional Safeguards in India

• Article 23: Prohibits trafficking in human beings and forced labor.
• Article 21: Ensures the right to life and personal liberty, which has been interpreted to include the right to live with dignity.
• Article 39(e): The state should ensure that the health and strength of workers and children are not abused, and that citizens are not forced to take jobs that are not suitable for their age or strength.

Legal Safeguards in India

• Protection of Children from Sexual Offences (POCSO) Act, 2012: Protects children from sexual exploitation and abuse.
• Juvenile Justice (Care and Protection of Children) Act, 2015: Provides a framework for the protection, treatment, and rehabilitation of children in need of care and protection.
• The National Investigation Agency (NIA) Act was amended in 2019 to enlarge the mandate of the Central agency to include human trafficking.
• Indian Penal Code (IPC), 1860: Includes provisions such as Sections 370 and 370A, which criminalize trafficking and exploitation of persons.
• Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill: Although pending, this proposed legislation aims to create a more comprehensive approach to handling trafficking through prevention, protection, and victim rehabilitation.

Way Ahead

• Economic Empowerment: Providing sustainable livelihood opportunities and skill development programs for vulnerable populations reduce the economic pressures that lead to trafficking.
• Victim Rehabilitation and Support: Developing comprehensive rehabilitation schemes that provide physical, psychological, and economic support is essential for survivors.
• International Cooperation: Strengthening cross-border partnerships and sharing intelligence can help dismantle trafficking networks that operate transnationally.

Source: TH