Human trafficking in India

Syllabus: GS2/Governance

Context

• The Odisha Government has proposed ‘Nutan Sakala’ (New Dawn), a comprehensive State policy to combat trafficking of women and girls in the state.

About

• The framework is built on four pillars such as prevention, protection, prosecution, and partnership to ensure a comprehensive and coordinated response.
• The policy proposes to prevent trafficking at the source, particularly in vulnerable communities, schools, panchayats, and digital spaces through life-skills education, demand-reduction initiatives and community-based tools such as village migration registers.
• Integrated Victim Support Centres (IVSCs) are to be established which will provide a single-window platform for medical care, legal aid, psychosocial counselling, and referral services.
• The Nutana Sakala Corpus Fund will serve as a dedicated, non-lapsable financing mechanism to support anti-trafficking interventions and survivor rehabilitation. 

Human trafficking in India

• India is a source as well as a destination country for human trafficking. India recorded 10,659 cases of human trafficking between 2018 and 2022.
• 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.
• The National Crime Records Bureau (NCRB) data and notifications from the National Human Rights Commission (NHRC) indicate that Odisha, Bihar, Telangana, Maharashtra, and Rajasthan register the highest volume of human trafficking cases in India.

Reasons for Human 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.

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.
• The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation.
• Criminal Law (amendment) Act 2013 provides for comprehensive measures to counter the menace of human trafficking including trafficking of children for exploitation in any form.
• Section 143 to 146 of the Bharatiya Nyaya Sanhita (BNS), 2023 provides penal provisions for various forms of trafficking in persons, habitual dealing in slaves and unlawful compulsory labour.
• UN Convention: India has ratified the United Nations Convention on Transnational Organised Crime (UNCTOC) which has as one of its Protocols Prevention, Suppression and Punishment of Trafficking in Persons, particularly Women and Children. 
• SAARC Convention: India has ratified the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution. 

Judicial Intervention

• The Supreme Court of India in the Prajwala vs. The Union of India case framed a comprehensive Victim Protection Plan for survivors of trafficking for commercial and sexual exploitation (CSE).
• In the case of Vishal Jeet v. Union of India (1990), the Supreme Court of India recognized child prostitution and human trafficking as severe socio-economic evils and emphasized a preventive and highly humanistic approach to protect vulnerable women and children.

Source: TH