Trafficking versus The Law

Given the magnitude and reach of the problem, legal provisions can only go so far in battling human trafficking, especially trafficking of women and children. What then is really required is concerted effort on the part of governments, NGOs, civil society, pressure groups and international bodies to destroy this demon...

The Oxford English Dictionary defines "Traffic" as "transportation of goods, the coming and going of people or goods by road, rail, air, sea etc." It defines "Trafficking" as "dealing in something, especially illegally (as in the case of trafficking narcotics)". The UN Office of Drugs and Crime, in 2000, adopted the most comprehensive definition of trafficking called "UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children" under the UN Convention against Transnational Organized Crime (UNTOC).

According to Article 3 of this Protocol, "Trafficking in persons" means recruitment, transportation, transfer, harbour or receipt of persons, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, 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. Exploitation includes, at a minimum, exploitation of prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or removal of organs. Further, recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth above. Child means any person below 18 years of age. The Government of India has signed this convention.

Trafficking in human beings, especially women and children, continues to be a matter of grave concern to national and international governments across the globe. In India, over the last decade or so, trafficking has become one of the most lucrative criminal activities, second only to arms and drugs smuggling. Trafficking rackets have become more organised and sophisticated, with nearly every state in the nation battling trafficking in some form or the other. Children are trafficked for various purposes; here’s looking at some of the most prevalent forms of child trafficking:

Child trafficking for child labour

In 2011-12, 126,000 cases of child labour trafficking were registered, with Bihar, UP, West Bengal, Jharkhand, Odisha, Madhya Pradesh, Assam and Chhattisgarh continuing as high source areas for trafficking of children for forced labour. In a majority of these cases, children are lured by middlemen and agents who get them to employers in cities by giving meagre advances to parents and false assurances of lucrative jobs. They work in zari and jewellery making units, at dhabas and tea stalls, and as domestic help in highly exploitative conditions i.e. paltry wages, long working hours, unhygienic and difficult working conditions. Often confined to their cramped work spaces, these children lack freedom and are vulnerable to abuse.

Child trafficking for domestic help

Illegal placement agencies operating from Delhi and the National Capital Region (NCR) are increasingly trafficking children from states like Chhattisgarh, Jharkhand, Odisha, Assam, West Bengal and Madhya Pradesh and earning huge profits in the bargain.

Child trafficking for forced marriages

In states like Punjab and Haryana that have skewed sex ratios, it is common practice, at least in some areas, to import brides. Every year, hundreds and even thousands of girls are lured into the idea of a happy married life with a rich man in Punjab or Haryana. The "purchased brides" are denied basic rights, exploited, made to work as maids and e v e n t u a l l y abandoned.

Child trafficking for commercial sexual exploitation

States like Andhra Pradesh, Karnataka, West Bengal, Odisha and Maharashtra continue as high source areas for trafficking of children – girls, to red light areas across the country. While red light areas continue to be dens of prostitution, commercial sexual exploitation has expanded beyond the ambit of red light areas with services being provided on demand.

Disguised as friendship clubs, escort services, massage parlours, spas, dance bars and beer bars, those in the flesh trade have started operating out of residential colonies, market places and malls. They have even started advertising their services in newspapers and on the Internet. Deals are sealed on the phone and transactions carried out via the Internet.

Child trafficking and adoption rackets

Children are being trafficked under the guise of adoption. Children from impoverished families are being bought and sold for adoption within the country and abroad.

There have been cases of illegal adoption agencies selling children for adoption in states like Andhra Pradesh, Maharashtra, Delhi and Jharkhand.

A sting operation carried out by CNNIBN along with Cobrapost uncovered a "baby bazaar" in a Uttar Pradesh government hospital where babies were being stolen from poor parents and sold to the highest bidder.

Child trafficking and begging rackets

Every now and then there are reports of national and international gangs of traffickers who kidnap children from different places and force them to beg in cities. The money got from begging is taken away by handlers and children are told to manage their meals by eating at temples and mosques. The children are administered low-end drugs and stimulants to keep them hooked. Horrifyingly, their limbs are often mutilated to evoke pity among people.

Child trafficking and the Law

While trafficking in human beings, especially child trafficking, needs a holistic, multi-organizational approach to address its complex dimensions, law is undeniably an important instrument in the hands of national and international governments to tackle this growing menace.

The Constitution of India lays down several provisions dealing with trafficking in human beings, including trafficking of women and children.

These include: Article 14 upholding equality before law; Article 15 prohibiting discrimination on grounds of religion, race, caste, sex or place of birth; Article 21 upholding protection of life and personal liberty; Article 21-A upholding right to education; Article 23 prohibiting traffic in human beings and forced labour; Article 24 prohibiting employment of children in factories and Article 39-A guaranteeing equal justice and free legal aid.

Additionally, there are special legislations strengthening legal provisions for protection of children from abuse and exploitation. One such is "Protection of Children from Sexual Offences Act, 2012," which defines a child as any person below the age of 18 years and provides protection to children below 18 years of age from offences of sexual assault, sexual harassment and pornography.

The Immoral Traffic (Prevention) Act, 1956, combats commercial sexual exploitation and prohibits prostitution and provides rehabilitation and protection to victims of commercial sexual exploitation.

The Juvenile Justice (Care and Protection of Children) Act, 2000, defines a child and has provisions for care and protection of children. The Child Labour (Prohibition and Regulation) Act, 1986, has provisions that prohibit child labour and rehabilitate child labour. The Bonded Labour System (Abolition) Act, 1976, defines and prohibits bonded labour and has provision for punishment for bonded labour and rehabilitation of bonded labour.

The Inter-State Migrant Workmen (Regulation of Employment Conditions) Act, 1979, provides for institutional machinery to provide safe migration opportunities for labor. The Goa Children’s Act, 2003, is a state legislation that provides for holistic care and protection of children and defines human trafficking as per the UN Protocol.

The Maharashtra Control of Organized Crime Act, 1999, provides for punishment of persons indulging in organised crime related to prostitution. The Transplantation of Human Organs Act, 1994, provides for a regulatory mechanism to monitor organ transplants. The Emigration Act, 1983, provides for a regulatory mechanism for recruitment agencies and related punishments. The Karnataka Devadasi (Prohibition of Dedication) Act, 1982, declares unlawful the act of dedicating girls for the ultimate purpose of engaging them in prostitution.

The Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989, stipulates imprisonment of three years and fine for anyone who performs, promotes, abets or participates in the Devadasi dedication ceremony.

Additionally, there are state legislations; judicial interventions from time to time; initiatives by the Ministries of Home Affairs, Women and Child, Overseas Indian Affairs and Labor & Employment, Government of India; as also by the National Commission for Protection of Child Rights (NCPCR) for protection of children from trafficking. Internationally too, there are multiple conventions relating to trafficking, many of which have been ratified by India.

Miles to go

However, given the magnitude and reach of the problem, a lot more needs to be done, legally and otherwise. For instance, the National Plan of Action 1998 needs to be reviewed and the same needs to be notified; Standard Operating Protocols need to be notified for inter-state police investigations; special courts need to be established in all states as per provisions of the Immoral Traffic (Prevention) Act, 1956, for speedy trial in trafficking cases; Anti-Human Trafficking Units (AHTUs) and police need to ensure scientific and efficient investigations into cases of crime against children and women; state police agencies need to ensure cooperation between police stations and AHTUs; district-level mechanisms like Child Protection Units and Child Welfare Committees need to be strengthened; Panchayati Raj institutions need to be strengthened; there need to be model minimum standards of victim care for shelter homes; SOPs need to be put in place for working of Child Welfare Committees and so on.

To sum up, the battle against trafficking, especially children, cannot be fought on a single front alone i.e. the law. Additionally, government and non-governmental organizations, pressure groups, civil society and international bodies all have to play a significant role in fighting this beast.

Disclaimer – Statements and opinions expressed in this article are those from the editorial and are well researched from various sources. The content in the article is purely informative.