Role of States in Protecting the Human Rights of the Migrant Workers: A

Critical Analysis with Special Reference to Human Trafficking in India

and Bangladesh.

- Ms. Rachana Dhar1*

Abstract

Human trafficking is an increasing human rights issue linked to international criminal

networks. Human trafficking can be defined as the unlawful application of force, deception,
or coercion to transport, provide, or procure a person for labour or commercial sexual
activity. The intersection of human trafficking and migrant workers has posed a serious threat
to the human rights of the workers. The role of states in implementing human rights has
historically been a source of disagreement. Governments are responsible for their citizens’
human rights and its protection. Human rights activists often focus on the assistance of other
countries in addressing violations of human rights. The researcher identifies that despite the
presence of several national and international legislation; standards of conduct; and
obligations, several victims and survivors of human trafficking, especially migrant workers
continue to face charges and penalties by nation states that refuse to acknowledge their status
as victims of exploitation. In such cases, those persons are considered as ‘illegal migrants’
rather than as victims or survivors of crime. The researcher in this paper makes an attempt to
analyse the gap between the legislation and the practice that is linked to the violation of
human rights in India and Bangladesh. It also makes an attempt to connect the issue of human
trafficking with the violation of the dignity and life of the migrant women that also resembles
gender-based differences in the international arena. The paper makes an attempt to highlight
the role of nation state to protect the human rights of the migrant workers by analysing
several mechanisms adopted by it for abolishing the practice. The paper also raises the
practice of the states in considering them as the victim of human trafficking. The researcher
concludes the paper by setting out the measures adopted by the states for the protection of the
migrant victims of human trafficking.

Keywords- Trafficking, States, Migrant, Victims, Human Rights

1
* Assistant Professor of Law, Indian Institute of Legal Studies Cooch Behar
 I. Introduction

An essential component of the global labour market, migrant workers frequently look for jobs
outside of their own nations. But their susceptibility to exploitation—including human
trafficking—remains a recurrent issue that needs immediate care. One of the most heinous
abuses of human rights is the practice of human trafficking, which disproportionately affects
migrant labour. Traffickers expose migrants to forced work, sexual exploitation, and other
types of abuse by taking advantage of vulnerabilities including poverty, lack of legal status,
and restricted access to protective mechanisms. States are essential in tackling this problem
on a national and worldwide level.

National and International legal frameworks serve as the cornerstone for defending migrant
workers’ rights and preventing human trafficking. Nevertheless, state execution and
enforcement of these frameworks determines their efficacy. While some nations have strong
legal systems and regulatory frameworks, others suffer from insufficient funding, corrupt
officials, and lax enforcement of the law. In addition, the difficulties encountered by
migratory labourers are complex and linked. The vulnerabilities of individuals to exploitation
are enhanced by economic inequality, social isolation, and discriminatory acts. States must
coordinate efforts across government agencies and civil society organisations to address these
underlying causes and enhance their response to human trafficking.

Human trafficking has become more widely recognised as a worldwide issue, yet there are
still gaps in both legislation and practice. To successfully combat human trafficking and
safeguard the rights of migrant workers, states must implement a comprehensive strategy that
encompasses prevention, protection, and punishment. Disrupting trafficking networks calls
for funding the victim support services, the development of law enforcement agencies’
capabilities, and international collaboration. States also need to make sure that their
immigration laws respect migrant workers’ rights and do not make them more vulnerable.
This entails actions to facilitate social integration, offer avenues for lawful employment, and
regularise migration.

In South Asian nations like Bangladesh and India, where socio-economic gaps and open
borders make it easy for exploitation, the problem of human trafficking among migrant
labourers is a horrifying reality. In search of better possibilities, migrant labourers frequently
become entangled in trafficking networks, where they suffer mistreatment and exploitation.
The fact that this ubiquitous crime persists in migrant communities in spite of attempts to
curb it emphasises the urgent need for all-encompassing methods to address this problem.

This paper aims to shed light on the specific dynamics of human trafficking in the context of
migrant labour in India and Bangladesh, exploring the root causes, prevalent forms of
exploitation, and measures to combat this grave violation of human rights. The paper
critically examines the role of states in safeguarding the human rights of migrant workers,
with a specific focus on combating human trafficking. The paper explores the challenges
faced by migrant workers, examines the legal frameworks in place, and critically evaluates
the effectiveness of state interventions in protecting the migrant workers from the violation
of human rights in the form of Human Trafficking.

II. Concept and Meaning of Human Trafficking

The practice of human trafficking has a long history and has changed throughout time in
reaction to shifting political, social, and economic environments. For millennia, there have
been many different types of human trafficking, such as forced labour, slavery, and sexual
exploitation. Incidents from history include the forced migration of millions of Africans to
the Americas for work in the transatlantic slave trade, as well as the trafficking of women and
children for sex crimes during times of colonisation and warfare. The contemporary notion of
human trafficking sprang to prominence in the latter half of the 20th century when migration,
globalisation, and improvements in communication and transportation enabled cross-border
human mobility.2 Global trafficking activities have increased as a result of rapid economic
growth, urbanisation, and social instability creating situations that are favourable to
exploitation.

The dreadful crime of human trafficking is the use of coercion, deception, or force to exploit
people for a variety of reasons, such as forced labour, sexual exploitation, slavery, or the
removal of an individual’s organs against their will. 3 The idea undermines basic human rights
and covers a wide variety of harsh behaviours. Trafficking of persons can take many different
forms.4 Sex trafficking, which includes forcing people into commercial sex activities
including prostitution, pornography, and sexual slavery, is one type of human trafficking.
Human trafficking can also take the form of labour trafficking, in which victims are taken
2
U. M. USMAN , Human Trafficking: History and the Recent Development, 7(1) IJARPPG, 8 (2020),
http://dx.doi.org/10.46884/IJARPPG/v7-i1/7004.
3
Dr. U. CHANDRA, HUMAN RIGHTS 86 (Allahabad Law Agency 2010).
4
GUNJAN KINNU, FROM BONDAGE TO FREEDOM: AN ANALYSIS OF INTERNATIONAL LEGAL
REGIME ON HUMAN TRAFFICKING 2 (2006).
advantage of forced labour or services like begging, construction, manufacturing, agriculture,
or domestic slavery. Another type of child trafficking is the enlistment, handling, transfer,
sheltering, or receiving of minors for the purpose of exploitation.5

There is no proper definition of Human Trafficking. However, the UN Protocol to Prevent,

Suppress and Punish Trafficking in Persons has defined the concept of trafficking in the
following words- “Trafficking in persons” shall mean 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 of a position
of vulnerability or of 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.6

Human trafficking is a global issue that affects almost every nation, serving as a victim’s
source, transit, and destination. It is frequently fuelled by issues like violence, poverty,
inequality, and a lack of education as well as the need for commercial sex or cheap labour.
Moreover, the idea is commonly associated with organised crime groups that make money by
taking advantage of weaker people. These networks function internationally, taking
advantage of gaps in the law and deficiencies in law enforcement to avoid being discovered
and prosecuted. Trafficking victims experience psychological and physical abuse in addition
to being deprived of their freedom and fundamental rights. A flagrant breach of several
constitutional and human rights results from such deprivation. Women, children, immigrants,
and marginalised populations are disproportionately affected, and it feeds the cycles of
exploitation, injustice, and poverty.

III. Human Trafficking as a Violation of Human Rights

Human trafficking is unequivocally recognized as a grave violation of human rights,

encompassing a range of abuses and violations that undermine the fundamental dignity and
freedoms of individuals.7 There are several ways in which human trafficking constitutes a
violation of human rights:

Right to Freedom and Security of Person: Human trafficking is the practice of robbing
people of their freedom and autonomy by coercion, kidnapping, or fraud. In other cases,
victims are physically confined or threatened with violence, compelled to labour or

5
Id. at 5.
6
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, art 3.
7
Dr. U. CHANDRA, supra note 2, at 84.
participate in activities against their will, and kept against their will. All of these violate the
international human rights treaties that guarantee their right to freedom and security of
person.

Right to be Free from Slavery and Servitude: As victims are exploited and kept in
situations of servitude, bondage, or forced work, human trafficking is equivalent to modern-
day slavery. Victims of human trafficking are subjected to situations similar to slavery, in
violation of their inherent right to be free from slavery and servitude, whether they are used
for work, sexual reasons, or other types of exploitation.

Right to Dignity and Non-Discrimination: Traffickers frequently subject their victims to

humiliation, physical and psychological torture, and dehumanising treatment. Their fragility
and marginalisation are exacerbated by the frequent prejudice they face on the basis of
gender, race, nationality, or socioeconomic background. Their right to equality, life and
dignity is violated by this kind of treatment, regardless of their circumstances or history as
right to life does not mean just a mere existence.8

Right to Health and Well-being: Sexually transmitted illnesses, mental health issues,
physical injuries, and other health-related repercussions of exploitation are widespread
among victims of human trafficking. They frequently lack access to proper protection,
healthcare, and support services, which puts their wellbeing in even greater danger and makes
their suffering worse. Therefore, such danger to health amounts to gross violation of their
right to health and well-being.

Right to Access to Justice and Remedies: There are several barriers in the path of
trafficking victims getting justice and compensation for the trauma they have endured.
Victims’ capacity to pursue justice and hold offenders accountable is hampered by obstacles
including mistrust of authorities, fear of retaliation, language hurdles, and a lack of legal
paperwork. Furthermore, a lot of victims are not aware of their legal rights or cannot afford to
take legal action, which denies them access to appropriate remedies and justice.

Rights of Children and Vulnerable Groups: Children make up a sizable share of

trafficking victims globally, and they are disproportionately affected by the practice. Children
who are trafficked are deprived of their rights to growth, education, and protection via harsh
kinds of exploitation such as forced work, sexual exploitation, and recruitment into armed
combat. In a similar vein, other marginalised groups like women, immigrants, refugees, and
8
Kharak Singh v. State of U.P , AIR 1963 SC 1295.
indigenous peoples experience overlapping forms of prejudice and exploitation in addition to
being at an increased risk of being trafficked.

Thus, human trafficking undermines the ideals of justice, equality, freedom, and dignity by
being a blatant violation of human rights. In order to combat human trafficking, coordinated
actions are needed to stop exploitation, shield victims, bring charges against offenders, and
preserve everyone’s basic rights and dignity.

IV. Human Trafficking and International Legal Framework

Human trafficking is a grave violation of human rights and is addressed by several

international conventions, treaties, and protocols. The last part of the 1990s saw a sharp
increase in global attention to human trafficking. These days, it’s considered both an issue
with development and a sign of a failure of gender equality. It is now the focus of
international development and has a position on the agenda for developmental policy.

As a result, governments have started to address this issue, and various initiatives are being
implemented in fields concerning organised crime, migration, and human rights. Despite the
variety of approaches and acts on the part of the government, a consistent pattern of a
strategy with three primary components has emerged: (1)Preventive measures; (2) Enhanced
laws and aggressive criminal investigations and prosecutions; and (3) Victim assistance and
protection.9

To combat Human Trafficking, the International Organisation has played an important role in
developing the legal framework at the international arena. The UN Convention against
Transnational Organised Crime and its Protocol to Prevent, Suppress, and Punish
Trafficking in Persons, Especially Women and Children, (UNTOC) is the primary
instrument that has brought light in this regard. In December 2000, in Palermo, the
Convention and its protocols were adopted and made available for signing. One of the
protocol’s primary contributions is that it offers the first internationally accepted, legally
enforceable definition of human trafficking.

The instrument includes provisions on a number of matters, such as criminalization;

safeguarding victims and assistance; victim status in receiving states; victim evacuation;
preventive measures; actions to discourage demand; educational and training exchanges. It
requires state parties to enact laws or take other steps to prohibit the kind of demand that
9
Anuradha Koirala, Trafficking and Vulnerabilities of Children and Women: An Analysis, 41 IIC Quarterly 223,
228 (2014), https://www.jstor.org/stable/24390791.
encourages the exploitation of people in any way, especially women and children, since this
might result in human trafficking.10

International human rights law contains a number of sources of States’ duty that may address
the multiple human rights violations involving human trafficking. Universal Declaration of
Human Rights, 1948 (UDHR), deserves a special mention in this regard. This served as a
spark for the global human rights movement. The Universal Declaration of Human Rights
(UDHR), which was ratified by the General Assembly on December 10, 1948, accomplished
this goal by clarifying the principles of the Charter and clearly defining a number of essential
freedoms and human rights that must be upheld. 11 There are two main categories of rights
included in the 30 Articles of the Declaration: economic, social, and cultural rights, as well as
civil and political rights. Today, this Declaration and the other two human rights Covenants
that were ratified by the UN General Assembly in 1966 (International Covenant on Civil and
Political Rights, 1966 and International Covenant on Economic, Social and Cultural Rights,
1966 ) serve as the cornerstones of human rights law around the globe and have marked the
basis of the protection of human rights including right against trafficking.12

International Covenant on Civil and Political Rights, 1966 (ICCPR) talks on the political
and civil rights that are outlined in the Universal Declaration—such as the freedom of
religion, equality before the law, privacy, and a fair trial. Article 7 of the Covenant prohibits
cruelty, inhuman and degrading practices among the individuals. Furthermore, Article 8
Prohibits slavery and servitude ensuring right to life and liberty. International Covenant on
Economic, Social and Cultural Rights, 1966 (ICESCR) revolves around the protection of
second-generation rights that involves socio-cultural and economic rights. The right to work,
good working conditions, equal compensation for equal labour, social security, and a
sufficient quality of living that includes enough food, clothes, and shelter are only a few of
the rights acknowledged by this Covenant. The fundamental tenet of this Covenant is that
civil and political rights cannot be achieved in the absence of realisation of economic, social,
and cultural rights. Human rights are inseparable and interrelated, hence these Covenants
should be viewed as two crucial facets of human rights law that should be examined
comprehensively.13 Therefore, it is worthwhile to put forward that The Universal Declaration

10
Jonathan Todres, International Law: Combating Trafficking of Persons, 23 GP SOLO 36, 37 (2006),
https://www.jstor.org/stable/23673013.
11
Dr. U. CHANDRA, supra note 2, at 53.
12
GUNJAN KINNU, supra note 3, at 34.
13
Dr. U. CHANDRA, supra note 2, at 55.
of Human Rights, the ICCPR, the ICESCR, and the Optional Protocols make up the
International Bill of Human Rights.

Protection of human rights are the primary goal of the UN Convention on the Elimination
of All Forms of Discrimination Against Women (CEDAW), which includes an optional
procedure allowing individuals or groups of individuals to file individual complaints with the
Committee on the Elimination of Discrimination against Women. 14 Three-quarters of the
governments in the world have signed the 1979 Convention, which guarantees women equal
access to opportunities in public and political life. This establishes the foundation for
achieving gender equality. State parties commit to implementing all necessary actions,
including exceptional temporary measures and laws, to ensure that women have equal access
to all human rights and fundamental liberties.

Another international convention that protects the human rights of children is the UN
Convention on the Rights of the Child (CRC), which was established in 1989. The
Convention includes the civil, political, economic, social, and cultural rights of children and
is applicable to all individuals under the age of eighteen. 15 It deals with children’s rights
including protection from exploitation and discrimination, and the freedom to voice opinions
and have those opinions recognised. State parties, or countries that have signed the UN
Convention on the Rights of the Child (CRC), pledge to safeguard all children from sexual
exploitation and to take all necessary steps to stop the sale or trafficking of children.

V. Migrant Workers as a victim of Human Trafficking in India and

Bangladesh

According to the Constitution of India, human trafficking is forbidden. 16 However, India is a

country that is both a source and a destination for human trafficking. The main reasons for
such trafficking are forced labour and commercial sexual exploitation. As the sex ratio
declines, trafficking for marriage has become an unbelievable reason for the trafficking of
women and girls. To put forward, in addition to the above stated reason, numerous causes are
at play in the nation that impact the trafficking of Indian men, women, and children. Indian
women and girls may become victims of human trafficking as a result of poverty or cultural
customs like the devadasi system, which is illegal. 17 Tamil Nadu, Karnataka, Andhra
14
ANURADHA KOIRALA, supra note 8, at 228.
15
Dr. U. CHANDRA, supra note 2, at 278.
16
INDIA CONST. art. 23.
17
Narinder Kumar Dogra and Sukhchain Singh, Women Trafficking : A Challenge to Women Rights in India, 74
IJPS 395, 397 (2013), https://www.jstor.org/stable/24701050.
Pradesh, and Maharashtra are regarded as “High Supply Zones” in India for prostitution-
related women. The “Devdasi Belt”, or bordering districts of Maharashtra and Karnataka, are
home to many levels of trafficking organisations.18 Furthermore, in 2016, the Indian state of
West Bengal, which borders Bangladesh, the most impoverished bordering nation, reported
accounting for more than one-third of all victims worldwide of sexual exploitation. 19 It is also
to be noted that women and children make up the majority of those trafficked from
Bangladesh, a country where India is a destination for trafficking.

India shares a total length of 4,156 Km with Bangladesh. The 4,156-kilometer border with
Bangladesh is dotted with around twenty checkpoints. Bangladesh is one of the main
countries of genesis and transportation for men, women, and children who are victims of
human trafficking, particularly forced prostitution and labour. Although there is some internal
trafficking occurring within the nation, the majority of trafficking is transnational. People in
Bangladesh and India are increasingly engaging in these kinds of illicit trades. 20 It is to be
noted that following India’s 1947 division, there were several “enclaves” straddling
Bangladeshi and Indian borders. 51 enclaves of Bangladesh are located in India, whereas
there are 111 Indian enclaves in Bangladesh. Traffickers have utilised these enclaves as
recruiting and gathering grounds, according to research conducted by the Bangladesh
National Women Lawyers Association (BNWLA).21

Victims typically fit into a pattern of susceptible social strata within the community. Other
traits of the victims include limited economic prospects, low social and cultural position, and
illiteracy or low education. Furthermore, migrant workers take out loans to cover the hefty
recruiting costs that are levied both illegally by unlicensed sub-agents and legitimately by
recruitment firms on BAIRA (Bangladesh Association of International Recruiting firms).
This puts migrant workers at danger of being coerced by debt. 22 Recruitment fraud is the
practice of certain agencies, agents, and employers promising certain types of jobs and
conditions but later changing the job, employer, conditions, or salary after the employee
arrives. This includes promising jobs to women and children and using them as sex
trafficking victims after the employee arrives.
18
Id. at 398.
19
Dr. Sarasu Esther Thomas, Responses to Human Trafficking in Bangladesh, India, Nepal and Sri Lanka, 26
UNODC: Legal and Policy Review (2011).
20
Id. at 28.
21
Ruksana Gazi, Trafficking of Women and Children in Bangladesh, ICDDRB, Centre for Health and
Population Research, 23 (2001),
https://www.researchgate.net/publication/345008182_Trafficking_of_women_and_children_in_Bangladesh_An
_Overview.
22
Id. at 25.
It is also important to note that, despite a 1929 doctrine that prohibited marriages before the
age of 18, Bangladesh has the highest incidence of child marriages under the age of fifteen.
Another strategy used by traffickers to establish ties with their victims is forcing girls who
are trafficked in Bangladesh to marry. An estimated 35% of girls and women who have been
trafficked to India from Bangladesh have been kidnapped under the guise of fake marriages
or well-paying employment. 23

VI. Role of States in Combating Human Trafficking : India and Bangladesh

Fighting human trafficking, especially to protect the migrant workers, forwards serious
obstacles for both Bangladesh and India. Both nations have implemented a number of
policies to prevent migrant workers from becoming victims of human trafficking.

The Constitution of India addresses the concept of trafficking in two ways: directly and
indirectly. Part III of the Constitution covers Fundamental Rights, whereas Part IV of the
Constitution addresses Directive Principles of State Policy and matters pertaining to
trafficking. Human trafficking is forbidden by Article 23 as a Fundamental Right, just as all
types of forced labour are prohibited.24 The well-being of the labourers shall not be misused,
under Article 39(e) and (f) of the Directive Principles of State Policy. It states that the state is
obliged to protect its citizens from economic exploitation. Additionally, it explicitly guards
against all forms of exploitation for children. 25

India has passed extensive anti-human trafficking laws, such as the Protection of Children
from Sexual Offences (POCSO) Act, 2012, and the Immoral Traffic (Prevention) Act,
1956. To further reinforce anti-trafficking regulations, the Criminal Law (Amendment)
Act, 2013 incorporated many revisions to the Indian Penal Code, the Code of Criminal
Procedure, and the Indian Evidence Act.

It is to be noted that the Immoral Traffic (Prevention) Act, 1956 is a primary legislation in
this regard. The Act allows for rescue under a magistrate’s orders. 26 Two female police
officers must be present throughout the search processes, and a female police officer must
conduct the questioning, in order to guarantee that the ladies who have been rescued are not
subjected to harassment.27 A clause states that the woman or kid must be placed in safe

23
Dr. Sarasu Esther Thomas, supra note 19, at 11.
24
Dr. NARENDRA KUMAR, CONSTITUTIONAL LAW OF INDIA 407 (Allahabad Law Agency 2017).
25
Id. at 409.
26
Immoral Traffic (Prevention) Act, 1956 , Sec 16, No. 104, Acts of Parliament, 1956 (India).
27
Id. at S.15.
custody in an intermediate setting and that she cannot be placed with people who may
negatively impact her.28 It is further noted that the trafficked individuals could not be allowed
to return home to their family if the trafficking was committed by family members or if there
is reason to believe they may have been involved.

In addition to these legislations, the role of the Indian Government in protecting the victims
of human trafficking cannot be undermined. In Vishal Jeet v. Union of India,29 the Judiciary
issues directions to the government for evolving programmes to protect the children of the
country against child prostitution. Furthermore, An Anti-Trafficking Cell has been formed
by the Ministry of Home Affairs to handle issues pertaining to law enforcement response to
human trafficking, with the exception of legislative, welfare, and promotional components,
which are within the purview of the Department of Women & Child Development. The Cell
occasionally gives the States and UTs appropriate guidance for bolstering law enforcement’s
reaction in the fight against human trafficking. In order to address the problems of human
trafficking, it also serves as a liaison with other Ministries, such as the Ministry of Women &
Child Development, the Ministry of External Affairs, the Ministry of Labour & Employment,
the Ministry of Railways, etc.30 Additionally, the Indian government has given the States
financial support to establish district-level Anti-Human Trafficking Units. The “Nirbhaya
Fund” plan to establish and fortify Anti Human Trafficking Units in every State and Union
territory has been accepted.31 India has also set up rehabilitation facilities and refugee houses
for victims of human trafficking, especially migrant labourers. These facilities assist victims
in reintegrating into society by offering medical attention, legal assistance, counselling, and
vocational training.

It is further noted that the government continued its general protection efforts, despite a
decline in victim identification and continued underfunding of survivors’ programmes.
Compared to 6,622 victims and 694 prospective victims discovered in 2020 and 5,145
victims and 2,505 potential victims identified in 2019, the government reported finding 5,934
trafficking victims and 753 potential victims in 2021. 3,885 of the 5,934 victims that were
identified in 2021 were the victims of labour trafficking, which included 2,049 cases of sex
trafficking and 667 cases of bonded labour. The majority of states established victim

28
Id. at S. 17.
29
AIR 1990 SC 1412.
30
U.S DEPARTMENT OF STATE, https://www.state.gov/reports/2023-trafficking-in-persons-report/india/
(last visited Mar. 17, 2024).
31
MINISTRY OF HOME AFFAIRS, https://www.mha.gov.in/en/divisionofmha/Women_Safety_Division/anti-
trafficking (last visited Mar. 24, 2024).
compensation programmes. Victims of sex trafficking received compensation of 170,000 INR
from a special court in West Bengal in September 2022. In July and August of 2022, West
Bengal is said to have given 100 million Indian rupees to state legal services to compensate
victims of human trafficking and other crimes. State and district legal offices did not
routinely notify victims of human trafficking that they were entitled to compensation; in the
few cases where victims did seek this benefit, payouts were sometimes postponed because of
a shortage of state funding.32

In this regard, the role of Bangladesh needs to be put forward. Since 1933, Bangladesh has
established laws pertaining exclusively to trafficking. Action plans are in place to safeguard
children, some of which are especially designed to shield them from sexual abuse and
exploitation. Many actions were made in 2000 to improve prosecution and protection, such as
establishing the Police Monitoring Cell for Combating Trafficking in Women and Children at
Bangladesh Police Headquarters and passing new legislation. 33 The Women and Children
Repression Prevention Act, 2000 is a law that was enacted specifically to address violence
against women and children, particularly the exploitation of them for economic purposes.
Trafficking for prostitution or other immoral reasons has been made illegal under the law.
The Act places a strong emphasis on process in addition to its substantive requirements.
Several rules, including time constraints and special courts, are designed to speed up
prosecution. This is crucial in a scenario where delays in prosecution might lead to the failure
of prosecutions and the freedom of traffickers.34

Bangladesh’s current criminal laws are mostly grounded in the ideology of crime control, as
opposed to a human rights-based approach. The criminal framework of Bangladesh for
counter trafficking completely disregards the idea of restorative justice. Even when the victim
has experienced money and property losses, emotional distress, psychological harm, and
bodily harm, their function is limited to that of informant and witness for the prosecution.

The Constitution of Bangladesh presents provisions by virtue of Article 18 (2) and 34 (1) to
fight against human trafficking. The Constitution throws light on two systems of human
trafficking- Sexual and Labour Exploitation. 35 Article 34(1) forbids forced labour in any
form, and Article 18(2) requires the State to take action against prostitution. 36 Moreover,

32
U.S DEPARTMENT OF STATE, supra note 30.
33
Women and Children Repression Prevention Act, 2000, No. VIII, Acts of Parliament, 2000 (Bangladesh).
34
Id. at S. 18.
35
BANGLADESH CONST. art 18 & 34.
36
Id. art 34.
every person, wherever they may be, is guaranteed the right to enjoy the protection of the law
under Article 31 of the Constitution.37 This clause implies that a citizen need not be present
inside the territory of the country in order to benefit from legal protection. State enforcement
of the law is required both domestically and internationally. Thus, the Constitution of
Bangladesh obliged the state of Bangladesh to repatriate victims of human trafficking.

It is worthwhile to note that the role of the Bangladesh’s government in combating human
trafficking is tremendous. In order to combat human trafficking, Bangladesh has passed a
number of laws, such as the Human Trafficking Deterrence and Suppression Act of 2013
and the Prevention and Suppression of Human Trafficking Act of 2012. These laws offer
a foundation for the prosecution of traffickers and the defence of victims.

Furthermore, to enforce such laws, the Bangladeshi government has formed specialised law
enforcement teams including the Counter-Trafficking Unit (CTU) and the Rapid Action
Battalion (RAB). These teams carry out raids, inquiries, and legal actions against domestic
trafficking organisations. The government has also put forward measures to combat
trafficking, over its borders with India, Bangladesh has tightened its border controls. In an
effort to stop traffickers and save possible victims, border crossings are subject to increased
monitoring and surveillance.38 Moreover, to inform migrant workers about the dangers of
human trafficking and their rights, the Bangladeshi government runs awareness programmes
in partnership with NGOs and international organisations. Bangladesh also offers victim
support services to those who have been trafficked, especially migrant labourers. These
services include shelter houses, medical attention, legal help, and psychosocial support.
Rehabilitating and reintegrating victims into society is the goal of these interventions. The
government was able to considerably boost the number of human trafficking charges due to
the establishment of the seven Anti-Human Trafficking Tribunals in 2020. 39 In the year,
2023, the courts and tribunals found 94 traffickers guilty in thirty-five cases. Of these, 30
cases from the Dhaka Tribunal, 14 cases from the Rajshahi tribunal, and 2 cases from the
Barishal tribunal resulted in convictions.40

It is worthwhile to note that both India and Bangladesh have several bilateral agreements for
protecting the migrant workers from human trafficking. These agreements often involve

37
Id. art 31.
38
U.S DEPARTMENT OF STATE,
https://www.state.gov/reports/2023-trafficking-in-persons-report/bangladesh (last visited Mar. 27, 2024).
39
Dr. Sarasu Esther Thomas, supra note 19, at 13
40
U.S DEPARTMENT OF STATE, supra note 38.
cooperation on law enforcement, information sharing, and mutual legal assistance to combat
trafficking networks operating across their borders. Both the nations have signed
Memorandum of Understanding (MOUs) with a special aim to thwart human trafficking,
improve victim protection, and encourage collaboration between pertinent organisations in
the year 2015.41 It’s a comprehensive strategy that aims to strengthen cooperation in order to
prevent human trafficking in all its manifestations, particularly the trafficking of women and
children for the purpose of rescue and recovery. 42 It protects the right to an expeditious
investigation and conviction of traffickers and organised criminal groups in either nation,
along with the victim’s repatriation.

Therefore, in order to effectively combat human trafficking among migrant workers, India
and Bangladesh must overcome a number of obstacles, such as poor agency cooperation,
resource limitations, and corruption. Nonetheless, their actions show that they are dedicated
to solving this widespread violation of human rights and shielding weaker groups from abuse.
To make a significant dent in the human trafficking epidemic in the area, cooperation
between the two nations and with outside partners is imperative.

VII. Conclusion and Suggestion

In areas like Bangladesh and India where problems like human trafficking are common,
protecting the human rights of migrant workers’ demands a coordinated effort from both state
and non-state actors. There are still many obstacles to overcome even though Bangladesh and
India have taken action to stop human trafficking and defend the rights of migrant workers.
These consist of inadequate enforcement mechanisms, gaps in the law and policy, obstacles
to obtaining justice, insufficient attempts to avoid harm, and the requirement for more
international collaboration. A multifaceted strategy combining international collaboration,
civil society involvement, and government action is needed to address these issues.

To combat human trafficking and safeguard migrant workers, India and Bangladesh ought to
examine and fortify their legislative frameworks. In this regard, the following suggestions are
put forward-

41
Sreeparna Banerjee, Porous borders: The Indo-Bangladesh challenge of human trafficking, ORF-
OBSERVER, RESEARCH, FOUNDATION (Jul. 30, 2022), https://www.orfonline.org/expert-speak/the-indo-
bangladesh-challenge-of-human trafficking# :~:text=The%20MoU%20design%20and%20recovery.
42
Dr. Sarasu Esther Thomas, supra note 19, at 13.
 i. Boost Law Enforcement: To boost enforcement efforts, give law enforcement
agencies more funding, train staff in specialised fields, and promote agency
collaboration.
ii. Enhance Access to Justice: Create systems that offer migrant workers legal
assistance and support services, expedite court procedures, and guarantee the
safety of witnesses and victims.
iii. Increase Prevention Efforts: Fund extensive awareness programmes that focus
on empowerment and education, aiming at populations at risk of human
trafficking as well as prospective victims.
iv. Encourage International collaboration: To bolster efforts against cross-border
trafficking networks and exchange best practices, improve collaboration with
surrounding nations and international organisations.

Therefore, India and Bangladesh may more successfully prevent human trafficking and
safeguard the human rights of migrant workers by putting these recommendations into
practice and tackling the issues that have been highlighted. To make significant progress in
this area, cooperation, financial allocation, and persistent political assistance are necessary.