Child Trafficking and Commercial Sexual Exploitation

Syllabus: GS2/Polity and Governance

Context

• Calling child trafficking and commercial sexual exploitation a “deeply disturbing reality” in India, the Supreme Court laid down guidelines on how courts must sensitively appreciate the evidence of minor victims of trafficking and prostitution.

Guidelines on Appreciation of Evidence

• Courts must not disbelieve a trafficked child’s testimony due to minor inconsistencies, especially given the trauma involved.
• The sole testimony of the victim is sufficient if it is credible and convincing.
• A trafficked child must be treated as an injured witness, not as an accomplice.
• Judicial scrutiny must avoid rejecting a victim’s account as “against normal human conduct,” especially where delayed resistance or protest is involved.

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.

Laws governing anti-trafficking crimes

• The Immoral Traffic (Prevention) Act, 1956 is targeted at stopping immoral trafficking and sex work. It went through two amendments, in 1978 and 1986.
• The Child Labour (Prohibition and Regulation) Act, 1986, prevents children from partaking in certain employments and regulates the conditions of work for children in other fields. 
• The Bonded Labour System (Abolition) Act, 1976, prohibits systems of labour where people, including children, work under conditions of servitude to pay off debt, and also provides a framework for rehabilitating released labourers. 
• The Juvenile Justice (Care and Protection of Children) Act 2015, which governs laws relating to children alleged and found to be in conflict with law.
• Protection of Children from Sexual Offences (POCSO) Act, 2012, which seeks to prevent commercial sexual exploitation of children.
• India set up Anti-Human Trafficking Units (AHTUs) in 2007. AHTUs are tasked with;
  • Addressing the existing gaps in the law enforcement response,
  • Ensuring a victim-centric approach which ensures the ‘best interest of the victim/ survivor,
  • Prevents secondary victimization/ re-victimisation of the victim, and developing databases on traffickers.
• The Criminal Law (Amendment) Act, 2013, revised Section 370 of the Indian Penal Code, which deals with buying and selling of any person as a slave, to include the concept of human trafficking. 

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