Chapter –I

INTRODUCTION

“Human trafficking is an open wound on the body of contemporary society, a

scourge upon the body of Christ. It is a crime against humanity.” Pope Francis

1.1 Introduction

We live in a world that has accepted man's absolute control over another. The
unjustified trade and enslavement of human beings in the 21st century reflect a
degenerate state of affairs which confirms that the greatest ethical challenge facing the
globe today is human trafficking. Human trafficking involves the use of human
deception to exploit the vulnerable through forceful stripping of their dignity and self-
worth. It portrays a contrasting picture of inequality among equals with regard to the
right of every individual over his or her life, as trafficked victims are compelled to sell
their inherent freedom and are subject to coercive subjugation. Their cry for help is
drowned in the sea of constant oppression and a general sense of apathy that has been
continuing for centuries.

Trafficking in Women and Children is one of the worst forms of exploitation

the violation of basic Human Rights in trafficking shatters the faith in humanity.
Human trafficking is a major global issue of the contemporary era and is on the rise at
an alarming rate. It is a hydra-headed problem in the sense that it is a crime, a
violation of fundamental human rights, a cross-border security concern, and because
of adverse socio-economic implications for human growth, also a development issue.
Trading in human beings and their exploitation in varied forms by traffickers is one of
the most despicable forms of violation of human rights. Trafficking in its widest
sense includes not just the exploitation of prostitutes but also other forms of sexual
exploitation. It also includes forced labour or services, slavery or practices similar to
slavery or trade in human beings for removal of organs. Trafficking violates the
fundamental right to life with dignity.

It also violates the right to health and health care right to liberty and security
of persons, right to freedom from torture, violence, cruelty or degrading treatment.

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Trafficking in human beings, especially in women and children has become a matter
of serious national and international concern today. The victim of the trafficking can
be one from the next door and the traffickers can be anybody a known face or
unknown, a neighbour or an alien. Human trafficking has a history coterminous with
that of society and has existed in various forms in almost all civilizations and cultures.
It is a trade that exploits the vulnerability of human beings, especially women and
children, in complete violation of their human rights. It has become a matter of
worldwide concern, not only because it is one of the fastest-growing crimes which
dehumanizes and erodes human dignity but also because it involves different
countries, different regions and different continents. Trafficking has taken a form of
communicable disease and is spreading very rapidly in all parts of the World, leaving
no land untouched whether it‘s a developed country or a developing one. Everyone is
busy making money quickly and smartly in an organized form through trafficking.
Trafficking has taken the shape of organized crime so rescue chances of trapped
individuals have diminished. Once an individual is into the trap of the traffickers, one
cannot come out until and unless it‘s too late or some miracle happens. Trafficking in
women and children is one of the most inhuman ways of exploitation of vulnerable
humans socially and economically powerful but at the same time morally corrupt
humans. It continues to be a great challenge in this contemporary society, although
there are numerous legal mechanisms to prevent and prohibit the process of
trafficking and rehabilitate the victim at international, national and local levels. The
problem of trafficking is not a new phenomenon; it can be traced back to the times of
Greek City-States. The term ‗traffic‘ was first used to refer to the so-called ‗white
slave trade‘ in women and the first known phase of trafficking occurred during
Middle Ages. The term ‗human trafficking‘ till the 1990s was defined in a very
narrow way and was used interchangeably with prostitution. The UN Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children (2000) provides an internationally agreed definition of trafficking. The
Palermo Protocol defines trafficking as 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 a position
of vulnerability or 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
(UN 2000).

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 This protocol obliges states to criminalize human trafficking. Besides,
trafficking for the purpose of sexual exploitation also says about the other kinds of
trafficking. The protocol stipulates that the consent of a victim of trafficking in
persons to the intended exploitation by means outlined in the definition is irrelevant.
Trafficking in human beings is nowadays a global enterprise and involves various
other sectors of the economy, leading to different kinds of exploitation other than the
traditionally assumed sexual exploitation, for instance, labour exploitation other than
the traditionally assumed sexual exploitation, labour exploitation, medical
exploitation, trafficking for the purpose of entertainments etc. although women and
girls continue to be the majority of the traffic for ever-expanding sex industry.
Human trafficking is a ghastly reality that stares in the face of the civilized global
community and India is not untouched from this worst form of human rights violation.
Although the government of India has taken several measures to combat it but has not
been able to root out this horrible social menace due to a lot of reasons.

In this background, an attempt is made to discuss the Law relating to

Trafficking of women and children National and International perspectives.

1.2 Significance of the Study

The researcher has tried to find out the extent of trafficking and has conducted
doctrinal research to examine the gravity of the problem. Trafficking is a serious
problem in areas prone to poverty, hunger, and drought as women and children are
pulled and pushed into trafficking by adopting coercive and deceitful methods. The
traffickers too dare to involve only those women and children who can be easily
tempted into trafficking by offering money, employment, and other metropolitan
cultures. Given human trafficking as one of the heinous crimes, it also involved the
violation of the basic human rights of the victims. Union and state governments
agencies and NGOs are implementing various programs for the welfare of trafficking
victims. But due to various reasons, these programs are not giving the chosen results
in rehabilitation and reintegration of the trafficking victims. Hence, the present study
will also help future detailed research for the policy framers and researchers.

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1.3. Objectives of the Study

The purpose of research is to discover answers to questions through the

application of scientific procedures.

 The main object of research is to find out the truth which is hidden and which has
yet not been discovered. The present research work intends to understand the
existing scenario related to the problem of trafficking and tries to identify hitherto
unexplored dimensions of the problem leading to meaningful suggestions in
combating the evil of trafficking which is afflicting a substantial segment of the
impoverished population of the entire country.
 The research work explores the regional and national and international scenario
pertaining to the dimension of trafficking and with special thrust on the legal
framework which highlights global concern on the gravity of the problem and
willingness among the lawmakers to develop adequate mechanisms to curb this
menace to the extent possible.
 The research work also pays attention to the initiatives and sustained effort being
made by the concerned agencies such as government and non-government
organizations and international bodies. In addition, an attempt has also been made
to identify and highlight the impediments in the successful tackling of the problem
of trafficking and its complete eradication.
 This study aimed to understand and document the effects of the COVID-19
pandemic on trafficking in persons (for example, the scale of trafficking and the
Modi operandi of traffickers), on trafficking victims and frontline organizations,
particularly the police, prosecution services, the judiciary and non-government
organizations (NGOs) providing protection and rehabilitation support to victims.

1.4. Hypothesis: The researcher has formulated the following Hypotheses for the
present research study.

(i) India is a major destination for traffickers from neighbouring underdeveloped

countries like Nepal, Bhutan, Bangladesh etc.

(ii) The threat of trafficking is not only affecting the developing countries but also the
developed countries are also. facing this problem.

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(iii)There are several loopholes in the Indian legal mechanism related to trafficking in
human beings is universal and particularly in women and children.

(iv) Despite customary causes of trafficking, there are certain newly emerging factors
such as organ transplant, fake marriage, etc. which facilitate the practice of
trafficking.

(v) Union and state Governmental organizations are partially successful in combating
trafficking in women and children.

(vi) The rehabilitation actions being taken by government and non-government are
inadequate.

1.5. Review of Literature

As a part of the Traditional or Doctrinal Research, the researcher collected all

the data for this research study from different sources.

The present research work is primarily concerned with studying the problem
of trafficking. The legal aspect of the study includes the perusal of international
agreements, Covenants and Protocols which act as guiding forces and have a
significant impact on central and State legislations and executive orders pertaining to
prevention and rehabilitation measures at the national and state levels. The relevant
case laws have also been discussed as these judgments reflect the viewpoint of the
judiciary while providing relief to the victims. The social aspect of the problem of
trafficking has been looked into with the help of published literature in the form of
books, journals and reports which highlight the viewpoints and information gathered
earlier by other authors and researchers.

There are certain books, law reports, case comments, legislations and scholarly
contributions in reputed journals which have discussed the various dimensions of the
provisions about trafficking in human beings in general and trafficking in women and
children in particular.

The following are a few studies and observations made by scholars and
activists on the issue of trafficking in women and children in India.

The report prepared by Sankar Sen and P.M.Nair titled ‗Trafficking in Women and
Children in India‟ published in 2005 and sponsored by National Human Rights

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Commission New Delhi is of immense help for the researcher where the concept and
causal factors leading to trafficking in women and children have been discussed
elaborately with the help of primary and secondary data. The global perspective
pertaining to trafficking has been elaborated and the role of different stakeholders has
also been mentioned exhaustively with the help of case studies collected from almost
all the affected states of India.

Jean D „Chunha (1998) in his study it is critically examined the scale and magnitude
of prostitution and sex trafficking in South Asian countries. According to him,
approximately 70,000 to 2 million women were engaged in prostitution. The author
believes that the principal means of supply for commercial sexual exploitation of
women and children is trafficking, abduction, deceit-lure of good jobs, fake marriage
contracts, befriending and sale into prostitution

Skeldon, R. (2000) deduced that immoral trafficking is an important trade and

highlighted its perspective from human piracy in the geographical areas of Asia and
how things are taking place and how we consider them.

Tumlin, K. C. (2000) deduced that south and south-east nations need more
coordination in their work to reduce human trafficking. This can be achieved by an
adjustment in the viewpoint and inducting some mediation programs.

Doezema, J. (2002) Particularly regarding young ladies, some difficulties were

explored around using the possibility of 'consent' to characterize TIP.

Miko, F. T., & Park, G. (2003, March) A major purpose behind trafficking as
examined by the global response turned out to be the differential treatment and bias
towards young men and women.

Krishna Prasad (2006) in his analysis covering India, Bangladesh, Pakistan and
Nepal pointed out that the Indian scenario of human trafficking is quite similar to that
of other South Asian countries. India is an origin, transit and destination country for
women, men and children trafficked for the purpose of sexual and labour exploitation.
Indian men and women are trafficked into situations of involuntary servitude in
countries of the Middle East, and children are forced to work as camel jockeys.
Bangladeshi women and children are trafficked to India or trafficked through India en

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route to Pakistan and the Middle East for the purpose of sexual exploitation, domestic
servitude and forced labour.

Trafficking and the Law (2006) published by Human Rights Law Network is a
significant compilation of judgments by the Indian Courts on trafficking and related
these such as sexual exploitation, exploitative labour, marriage and adoption.

Madhusudhana (2006) in his study conducted in the state of Andhra Pradesh

mentioned the spread of trafficking in India. He opined that trafficking in women
became part of transnational organized crime and has been referred to as the ‗dark
side of globalization. Due to the illicit nature of people trafficking, the number of
children and women trafficked for commercial sex work is difficult to quantify in
nature. He also believed that the global trade in trafficking has increased substantially
over a decade. He concluded that there is a link between gender discrimination,
poverty, deprivation and trafficking. According to him discrimination also means for
the girl child, deprivation of education, lack of economic opportunities, an early
marriage, early childbearing and risks to health and wellbeing. He recognizes that
many tribal customs also do not permit women to own land, which is the main source
of income in a rural community, thus making women far more vulnerable than men.
He concludes that ‗the victims not only face the danger of being psychologically
abused but also the reality of being infected with HIV/AIDS. It is also likely that they
will become procurers after a few years of victimization‘. He says that the existing
discrimination and stigmatization by the own family members in addition to the
community people while reintegrating in the society making women further
vulnerable for trafficking

Hameeda, S., Hlatshwayo, S., Tanner, E., Turker, M., & Yang, J. (2010)He
announced that the features of Trading in India are very diverse. Efforts to address
Trafficking with NGOs, donor organizations, governments require further arbitration
and better recommendations. Through this personal investigation, it appears that the
Asian Foundation has implemented these recommendations in India to combat
Trafficking in Persons.

Bohl, K. (2010)learned regarding immoral trafficking in India and other border

countries like Nepal and highlighted the significant and basic ingredients which react
as catalyst between both the states.

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Gupta, J., Reed, E., Kershaw, T., & Blankenship, K. M. (2011) destroyed the
measures which act as a catalyst in spreading of communicable disease AIDS among
the surrounding which is indulged in sexual trafficking in India

Gupta, J., Reed, E., Kershaw, T., & Blankenship, K. M. (2011) destroyed the
measures which act as a catalyst in spreading communicable disease AIDS among the
surrounding which is indulged in sex trafficking in India.

It traces some of the prominent judgments by the Hon‘ble Supreme Court

since 1961 [Delhi Administration v. Ram Singh1 till 2005 (St.Theresa‟s Tender
Loving Care Home and others v. State of Andhra Pradesh 2 )It has also cited
judgments by various High Courts such as the High Court of Allahabad (Smt.
Kaushailiya v. State3), the High Court of Madhya Pradesh {Nihal Singh v. Ram
Bai4 the High Court of Delhi (Meena and others v.State (Delhi Administration),425),
the High Court of Andhra Pradesh (Vasanthi v. Jaya Prakasha Rao and others6),
the High Court of Karnataka (M.Rajeshwariv.State by P.S.I (L and O), Kengeri
Gate Police Station, Bangalore (2001(5) KarLJ532), the High Court of Bombay
(Prerna v. The State of Maharashtra and Others (2003BomCR (Cri) and the High
Court of Gujarat (SahyogMahila Mandal and Anr.v.State of Gujarat and
Others7). And the High court of Orissa (PanchananPadhi vs. the State of Orissa
Orissa High Court8) These judgments reflect the thinking of the judiciary on this
issue of human exploitation and the role to be played by the state in providing relief to
the victims.

India: Country Report to Prevent and Combat Trafficking and Commercial Sexual
Exploitation of Children and Women (2008), by Ministry of Women and Child
Development and United Nation Office of Drug and Crime provides extensive
information pertaining to trafficking for commercial sexual exploitation. This report
elaborates on the initiative of international organizations, Union Governments, state
governments and as well as civil society organizations‘ initiatives.

1
AIR 1962SC63
2
AIR2005SC4375
3
AIR1963AII71
4
AIR1987MP126
5
1991DLT527
6
1996CriLJ4243
7
20042GLR1764
8
Bail Application No. 2612 of 2020,On, 29 June 2020

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Sexual Violence Against Women: Penal Law and Human Rights Perspectives (2009)
authored by Dr Vandana has discussed the concept of violence relating to women and
critically examined the national legal mechanism pertaining to sexual violence. The
author has also critically analyzed judicial decisions with regard to sexual harassment.

One important work done by Louise Shelley on Human Trafficking: A Global

Perspective (2010) is of vital use for the researchers as the author has discussed the
condition pertaining to trafficking in global perspectives, as the author has examined
the rise and cost of Human Trafficking. This book also highlights the financial side of
Human Trafficking.

Another important work is by Sunanda Goenka entitled Immoral Trafficking of

Women and Children Transnational Crime and Legal Process. (2011). In this
work, the author has mentioned international concerns and instruments to combat
cross-border trafficking of women and children, legal instruments in India and
discussed victim logical study of women and children as victims of the transnational
crime of trafficking.

One of the most significant contributions to the literature on the related concepts of
trafficking is the book titled Human Trafficking: the Stakeholders‟ Perspective
(2013) edited by Veerendra Mishra where various contributors have unfolded
numerous dimensions of trafficking.

One article is by Pravin Kumar on ―Civil Society Initiative of Decade against

Human Trafficking”, where the author has endeavoured to highlight the civil
society‘s initiatives to curb this menace in different ways.

Another very relevant article is written by Trupti Jhaveri Panchal on the topic of
“Prostitution in India”, where different dimensions pertaining to prostitution has
been elaborated and arguments for and against decriminalization has been discussed.

One very important relevant topic written by P.M.Nair, namely Combating Human
Trafficking: Dimensions and Strategies elucidate the challenges in preventing the
role of stakeholders in preventing human trafficking and re-trafficking. Case studies
on Human Trafficking in Northeast India authored by Hasina Kharbhih are also of
vital importance to draw the picture pertaining to trafficking in India.

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‗Marriage, Migration and Gender (2014) authored by Rajni Palriwala and Patricia
Uberoi examines the various dimensions of migration. Marriage as migration and
Brokering Marriage unfolds the dark picture behind the apparent situation. The
strains of marriage migration highlight the vulnerable situation in a very
comprehensive

In addition to that, the researcher has also gone through concerning legislation like
ITPA and other related legislations and law commission reports.

1.6. Research Methodology

The present research work is an intensive study of the problem of trafficking

theoretically. The researcher has used secondary sources.

As part of doctrinal research, the researcher has done a considerable amount

of library study perusing the primary and secondary sources of data concerning the
issue of trafficking. The primary sources include international covenants, protocols
and UN declaration. In addition, the Indian constitutional provisions, legislative
provisions/statutory provisions which are preventive, penal as well as rehabilitative in
nature have been thoroughly studied and analyzed yet another primary source of data
pertains to relevant case laws of Hon‘ble Supreme Court and different High Courts
which have not only directed the executive but also advised the legislature to be more
sensitive and serious in understanding the gravity of the problem and take necessary
measures to eradicate it.

As far as the secondary sources are concerned a number of books authorized

by national as well as international scholars have been studied. Various legal and
socio-legal journals have been consulted. Their searcher has also gone through a
number of reports generated by government and non-government organizations.
These reports throw adequate light on varied dimensions of trafficking women and
children at the national and regional levels. To understand the extent of the problem
authentic data was collected by reputed national and international organizations such
as the National Crime Records Bureau (NCRB), the Department of States, the United
States of America, United Nations Office on Drug and Crime (UNODC) have been
relied upon. Such reports give in a wealth of information thereby substantially
facilitating the present research work.

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1.7. Plan of Study

To facilitate an in-depth study, the present work is divided into the following
SEVEN chapters

Chapter – I Introduction

Chapter – II Human Trafficking-Causes and Effects-Historical aspects

Chapter – III Trafficking in Women and Children: Global scenario

Chapter – IV Legal Mechanism for Combating Trafficking in Women and

Children-Global scenario

Chapter – V National Legal Mechanism for Combating Trafficking in Women

and Children

Chapter – VI Trafficking in Women and Children and rehabilitation measures

in India

Chapter-VII Conclusion and suggestions

1.8. Plan of Study (Brief)

To facilitate an in-depth study, the present work is divided into the following
seven chapters:

Chapter – I Introduction: This introductory chapter deals with the problem of the
study, the rationale of this study, and the review of the literature. The objectives of the
study, the hypothesis of the study, research methodology, and scheme of
Chapterisation have also been taken up.

Chapter – II Human Trafficking-Causes and Effects-Historical aspects: This

chapter discusses the evolution of human trafficking and various definitions are given
by national and international organizations. What are the reasons for the trafficking
and various kinds of trafficking issues especially women and children are explained,
such as commercial exploitation, forced labour, forced marriage, illicit adoption,
organ removal, etc? This chapter also discusses the factors relating to trafficking
which are social, cultural, religious, political, and environmental factors and so on.

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Finally, this chapter discusses the relations and differentia, and the violation of human
rights through human trafficking.

Chapter – III Trafficking in Women and Children: Global Scenario: This chapter
delineates the human trafficking of the international scenario and highlights the
trafficking person report (TIP) 2021. This report provides information about
continental-wise tier placements of Asia, Africa, North America, South America,
Australia, and also issues of trafficking related to some major nations. This chapter
also discusses the effects of the COVID-19 Pandemic on women and children
international wide. Efforts of UNDOC and various reports for combating trafficking
are also discussed.

chapter-IV- Legal Mechanism for Combating Trafficking in Women and

Children-Global Scenario: In this chapter, topics related to universal legal
instruments and human trafficking such as the International Convention for
Suppression of White Slave Traffic, 1910, International Convention for Suppression
of Traffic in Women of full age, 1933, International Covenant on Civil and Political
Rights, 1966, Convention on the Elimination of all forms of discrimination against
women, 1979, The Optional Protocol to the Convention on the Right of the Child, on
the Sale of Children, Child Prostitution, and Child Pornography 2000, etc are
discussed. This chapter also highlights the regional level legal mechanism of the
SAARC Convention on Preventing and Combating Trafficking in Women and
Children for Prostitution, 2002, Association of South-East Asian Nations (ASEAN).
African Union (AU)European Union (EU) etc.

Chapter-V-National legal Mechanism for Combating Trafficking in Women and

Children: This chapter discusses the government measures to combat trafficking of
women and children with various legal provisions such as the Indian Constitution,
Indian penal code 1860, and other relevant important acts are Child Marriage
Restraint Act, 1929, Immoral Trafficking Prevention Act 1956, The Bonded Labour
System (Abolition) Act, 1976, The child labour (Prohibition and Regulation) Act,
1986, The Information Technology Act,2000, The Protection of Children from Sexual
Offences Act, 2012, The Juvenile Justice (Care and Protection of Children) Act, 2015
and trafficking of Persons (Prevention, Care and Rehabilitation) Newbill, 2021 etc.

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Chapter-VI- Trafficking of Women and Children and rehabilitation measures
in India-: In this chapter, the trafficking of women and children in India with
major hotspot areas with illustrations are explained such as North Eastern, Bihar,
Jharkhand, Haryana, Delhi, Maharastra, Andhra Pradesh, Telangana, etc. The
current scenario of trafficking of women and children report 2020(NCRB) is also
discussed with data. Finally, this chapter also mentions the rehabilitation measures
initiated by the government and non-governmental organizations‘ efforts which are
Shelter homes, children‘s homes, Ujjawala, Prajwala shakti, rescue foundation, etc.

Chapter-VII- Conclusion and Suggestions: This chapter explores the findings of

trafficking of women and children in national and international scenarios. It has also
tested the hypotheses. Finally, the suggestions were made for a better way to combat
the trafficking of women and children.

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