NAME: Chaitanya SUBMITTED TO: Dr.

Abdullah Nasir
ENROLMENT NO.:170101047 SECTION-A
TOPIC: The impact and consequences of the COVID-19 pandemic on trafficked
and exploited persons, constitutional & legislative provisions related to
Trafficking in India

TABLE OF CONTENTS

Introduction & Background 3

Covid-19 & Trafficking in Persons – main challenges 4
1) Increased vulnerability to trafficking amongst individuals and communities who were already
at risk and those who were previously not considered so 4
1.1 Increased economic hardship and unemployment 4
1.2 Limited availability or access to services including health and social security systems 5
1.3 Disruption of regular &irregular migration patterns resulting in heightened irregular methods of movement, or
more dangerous irregular routes 5
1.4 Rise in the number of people who need to migrate to gain employment 6
1.5 Changing family dynamics and greater pressure on the family unit resulting in negative coping mechanisms 6
1.6 Loss of societal support through disruption to education, employment and other services and social networks. 6
1.7 Increased engagement online leading to increased online sexual exploitation 7
1.8 Post Covid-19 rapid demand for labour 7
1.9 Abandonment of vulnerable people due to fears of the virus 7
1.10 Disruption to prevention and response efforts 7

2) Increased risks for trafficked people 8

2.1 Increased exposure to exploitation and harm 8
2.2 Barriers in accessing healthcare and other services 8
2.3 Lack of or reduced access to Covid-19 preventative measures 8
2.4 Pre-existing health needs leading to heightened vulnerability to infection 8
2.5 Reduced capacity of responders to identify and safely refer individuals 9

3) Increased risks for people who are no longer in situations of trafficking 9

3.1 Increased strain on mental health 9
3.2 Disruptions to criminal justice proceedings 9
3.3 Inability to return to countries of origin or access services in the country of identification 10

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Suggested measures from the exacerbation of vulnerabilities to trafficking in
following factors: 10
1) Poverty and Unemployment 10
2) Vulnerabilities linked to the migration status 10
3) Vulnerabilities linked to the migration journey 11
4) Restrictive migration policies 11
5) Lack of services provided to victims of trafficking and re-victimization 11
6) Disruption of supply chain 12
7) Trafficking and exploitation of children 12
8) The risks faced by victims and potential victims of sexual exploitation 13
Legal framework against the Trafficking in India 13
The Immoral Traffic Prevention Act, 1956 14
The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 15
Evolution through Judicial Pronouncements 16
What is Human Trafficking 16
Human Trafficking and Child Prostitution 16
Human Trafficking and Bonded Labour 17
Human Trafficking and Child Labour 18
Constitution of Committee to Combat Trafficking in Humans 19
Vocational Trainings and Social Welfare Boards 19
Limitation in the legislative provisions 20
Conclusions 22

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 INTRODUCTION & BACKGROUND
Trafficking in Persons is a core protection issue violating the dignity and integrity of the person,
endangering their life and physical security. It is a serious crime and a grave violation of human
rights. In normal times, trafficking is widespread, and in emergencies the risk and prevalence is
known to rise. This document explains why there is an elevated risk of trafficking during the
Covid-19 pandemic, who is likely to be most affected, and what operational approaches can be
adopted to prevent, mitigate or respond to trafficking by Movement actors.
When trafficking involves a child, it is irrelevant whether the means, such as force or deception,
have been used or not. A child will be recognised as trafficked if they have been moved within a
country, or across borders, whether by force or not, for the purpose of exploiting the child.
People can be trafficked either transnationally (crossing at least one international border) or
domestically (within the borders of one country). Trafficking in Persons occurs in every context, in
every corner of the world, at various frequencies. The exact extent of trafficking is hard to
determine due to the underground nature of many exploitative practices that account to trafficking
and because it is under-reported. It affects men, women, boys and girls of all ages, although it also
has a strong gendered dimension as women and girls account for the largest numbers of detected
survivors/victims1.
Although trafficking can occur at any time, crisis contexts can exacerbate pre-existing trafficking
trends and risk factors, as well as give rise to new ones. Traffickers capitalize on the widespread
human, material, social and economic losses caused by emergencies. These losses intensify pre-
existing vulnerabilities and can force people to make decisions and take risks that they wouldn’t
otherwise.

1United Nations Office on Drugs and Crime (2018), Global Report On Trafficking In Persons, https://www.unodc.org/
documents/data-and-analysis/glotip/2018/GLOTiP_2018_BOOK_web_small.pdf 


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 COVID-19 & TRAFFICKING IN PERSONS – MAIN
CHALLENGES
The Covid-19 pandemic is affecting communities worldwide, including in areas already impacted
by crisis prior to the outbreak. In addition to taking lives, the pandemic has severely impacted the
global economy, resulting in loss of livelihoods, changing migration patterns and the disruption of
family and social networks.
Covid-19 affects the entire population, but the primary and secondary impacts affect different
people in different ways, based on pre-existing physiological differences, health conditions, socio-
economic inequalities, age, gender and cultural norms. Identified here are three main ways the
impact of Covid- 19 is increasing risks of trafficking in persons:

1) Increased vulnerability to trafficking amongst individuals and

communities who were already at risk and those who were previously
not considered so
1.1 Increased economic hardship and unemployment
Poverty and unemployment are key drivers for trafficking in persons. Covid-19 has led to a
significant increase in global economic hardship. The International Labour Organisation (ILO) has
estimated that there will be between 20.1 million and 35.0 million more people in working poverty
than before the Covid-19 pandemic2 with an estimated 1.6 billion informal sector workers affected3.
UNWIDER warns of an additional 500 million people (8 per cent of the world’s population) pushed
into poverty4, and the World Bank projects an additional 50-60 million people in extreme poverty5.
Rises in unemployment and reductions of household and individual incomes mean that those who
were already at risk of trafficking prior to Covid-19, in particular low wage and informal sector
workers, are more likely to find themselves in precarious situations. Families who rely on
remittances are likely to be hugely affected and suffer additional strain.

2International Labour Organisation (2020). COVID-19 and the world of work: Impact and policy responses. [online]
Geneva: International Labour Office, p.3
3 https://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/documents/briefingnote/wcms_743146.pdf
4 https://www.wider.unu.edu/publication/estimates-impact-covid-19-global-poverty
5 https://blogs.worldbank.org/opendata/impact-covid-19-coronavirus-global-poverty-why-sub-saharan-africa-might-be-
region-hardest and https://www.worldbank.org/en/news/press-release/2020/05/19/world-bank-group-100-countries-get-
support-in-response-to-covid-19- coronavirus
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Significant global shifts in demand for goods and services has also meant that the during the
pandemic, many people are experiencing unemployment and loss of livelihood for the first time in
their lives. Without sufficient social and societal supports, they may be less equipped to navigate
these challenges and more easily deceived about exploitative employment opportunities. Workers
who lose their jobs and have no alternative access to livelihood support may, for the first time, be
forced into bonded debt6 or to consider the sale of human commodities such as children or sexual
services.

1.2 Limited availability or access to services including health and social

security systems
Access to health and social security systems helps prevent trafficking. In countries where such
systems are more fractured, less formalised or there are multiple barriers to access, (language
barriers, digital literacy etc.) economic hardship is more likely to lead to an increase in trafficking.
Government measures in response to the pandemic (financial support, healthcare etc.) may not be
accessible to certain groups including migrant workers, irregular migrants, refugees and asylum
seekers, further exacerbating their vulnerability. Even in countries with formalised mechanisms, the
pandemic has created significant delays or access difficulties, leaving behind those who most
depend on the services provided.

1.3 Disruption of regular &irregular migration patterns resulting in

heightened irregular methods of movement, or more dangerous irregular
routes
As countries continue to impose travel restrictions, both for foreign nationals as well as their own
citizens and permanent residents, regular global migration routes have been dramatically decreased.
As a result, more people may resort to irregular methods of movement, including smuggling, which
can increase risks of trafficking. The securitization of borders has also disrupted pre-existing
irregular routes, which may lead to the creation of new ones with heightened risks. Traffickers are
likely to use increasingly risky modes of transport and precarious trafficking routes to continue
operations. As a result of travel restrictions, they may also take advantage of businesses and
industries who are experiencing labour shortages due to changes in migrant worker availability.
Traffickers are also likely to exploit large numbers of migrants currently stranded away from home

6 https://www.unodc.org/documents/Advocacy-Section/HTMSS_Thematic_Brief_on_COVID-19.pdf
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due to border closures and who lack information and access to social networks, income, and other
protective factors.

1.4 Rise in the number of people who need to migrate to gain employment
In situations where Covid-19 has led to economic hardship, people may be more likely to consider
domestic or international migration in order to re-gain employment. Loss of livelihoods, and a lack
of access to food and essential services may also mean that domestic or international migration
becomes an option for people who may have not considered this previously. This may continue to
occur for some time after the pandemic has subsided, as the economic downturn continues to impact
access to livelihoods and financial security. Migrants and internally displaced people are at
increased risk of trafficking for many reasons including language barriers, insecure or irregular
immigration status, disconnection from usual support networks and lack of access to services.

1.5 Changing family dynamics and greater pressure on the family unit
resulting in negative coping mechanisms
Loss of employment, restricted access to essential services and restrictions on freedom of
movement can place significant added stress on a family unit and result in the use of negative
coping mechanisms. A loss or reduction in the household income may result in increased
engagement of children in exploitative labour, the risk of trafficking for the purpose of forced
marriage is exacerbated, as well as trafficking for the purpose of exploitation in criminal activities,
such as transporting narcotics from one place to another or petty theft. Children might be asked by
parents to go out and beg so they can put food on the table, or in search of food and income.7

1.6 Loss of societal support through disruption to education, employment

and other services and social networks.
The pandemic has disrupted the way society normally functions. Government imposed restrictions
on movement have exacerbated the isolation of vulnerable groups, by decreasing opportunities to
access support through employment, education and other services and institutions. These factors can
all increase a person’s vulnerability to trafficking. For example, educational establishments often
provide more than education. Disruption to education services, as well as both formal and informal
caregiving arrangements, may leave children unattended and increasingly vulnerable during

7 https://www.unodc.org/documents/Advocacy-Section/HTMSS_Thematic_Brief_on_COVID-19.pdf
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daytime. Caregivers may be more willing to entrust them to traffickers under false promises of
providing them with education, skills training or work. Schools are often safe spaces for children
and young people at risk of early or forced marriage so their closure can put them at increased risk.

1.7 Increased engagement online leading to increased online sexual

exploitation
Movement restrictions and school closures may increase the time people spend online and the
consequent risk of recruitment for the purpose of cyber trafficking, including online sexual abuse
and exploitation of children and young people.8 An increased demand for online sexual abuse
material and greater risks of online grooming has already been reported by various stakeholders.

1.8 Post Covid-19 rapid demand for labour

Organisation and agencies working to prevent Trafficking in Person in supply chains have also
warned of the increased risks to labour exploitation once restrictions are lifted and economic
production resumes. Incentives for companies to rapidly scale up production can create demand
pressure that drives unauthorized subcontracting, wage reduction and increases risk to exploitation.9

1.9 Abandonment of vulnerable people due to fears of the virus

Fear of the virus and associated stigma has been fuelled by misinformation and rumours. The
impact of these, combined with Covid-19 prevention and control measures, has created risks related
to the abandonment of vulnerable people, including women and children, placing them at increased
risk of trafficking. Social stigmatisation of individuals who have been in quarantine or treatment
may also lead to this.

1.10 Disruption to prevention and response efforts

Disruption to plans and strategies to prevent and respond to trafficking may weaken overall
Trafficking in Persons responses and lead to increased risks. For example, the capacity of law
enforcement agencies, relevant authorities and non-government organisations to undertake
trafficking prevention activities such as public awareness campaigns or large-scale training
activities has already been disrupted, while a lack of resource may have an impact on the ability to
analyse changes in trends.

8 https://nationalcrimeagency.gov.uk/news/onlinesafetyathomeifrc.org
9 https://www.gfems.org/covid-19
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2) Increased risks for trafficked people
In many contexts, the situation created due to Covid-19 is increasing risks of harm for trafficked
people in the following ways;

2.1 Increased exposure to exploitation and harm

International human rights agencies have warned of the risks that migrant domestic workers face
due to this increased exposure to exploitation and harm during the Covid-19 pandemic. This is
particularly relevant for workers whose immigration status is bound to their employer by a
sponsorship system.10

2.2 Barriers in accessing healthcare and other services

hose confined to a situation of trafficking may not have access to medical assistance due to a lack of
identity documents, irregular immigration status or lack of freedom of movement. The closure or
restriction of in-person interactions in clinics, shelters and offices of service providers further limits
the support services available to trafficked persons which may increase the likelihood of further
harm.11

2.3 Lack of or reduced access to Covid-19 preventative measures

Trafficked people may be placed at increased risk of contracting Covid-19 through a lack of access
to vital information on how to prevent the spread of the virus, as well as a lack of access to personal
protective equipment. Additionally, trafficked people may be unable to follow recommended
preventative measures due to living and working conditions such as lack of access to hygienic and
hygiene management facilities, protective equipment or being forced to continue working.

2.4 Pre-existing health needs leading to heightened vulnerability to infection

The severity of various forms of abuse and exploitation that trafficked people experience leads to
compromised health conditions, which heightens the risk of severe infection.

10 GBV AoR Helpdesk, Covid-19 Impact on female migrant domestic workers in the Middle East.
11 https://www.ecpat.org.uk/news/trafficked-young-people-homelessness-and-harmcoronavirus.

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2.5 Reduced capacity of responders to identify and safely refer individuals
Diminished and overwhelmed government and non-government services due to Covid-19 places
trafficked people at risk of not being identified and safely referred to support services, as these
actors play vital roles as frontline responders to trafficking. In addition, services such as labour
inspections, which play important roles in preventing labour exploitation, may be considered as
non-essential within lockdown situations and be negatively affected.

3) Increased risks for people who are no longer in situations of

trafficking
In many contexts, the situation created due to Covid-19 is increasing risks of harm or re-trafficking,
to people who have exited a situation of trafficking, in the following ways;

3.1 Increased strain on mental health

Social isolation as a result of lockdowns may exacerbate the after-effects of traumas or trigger
memories of confinement and exploitation for victims/survivors of trafficking, who can be at risk of
self-harm and unable to access psychological support.Combined with barriers to accessing mental
health supports due to disruption to such services, this experience may increase the likelihood of
further harm or uptake of harmful coping mechanisms; risk of re-trafficking; and or exposure to
new forms of exploitation.

3.2 Disruptions to criminal justice proceedings

Community lockdown and social distancing measures have also impacted judicial proceeding as
criminal justice systems have faced challenges in resourcing and processing cases, particularly so in
countries where systems are already under-resourced. This can lead to investigations on trafficking
becoming a lower priority and delays in seeking justice for trafficked people currently in the
criminal justice process. In some contexts, the prosecution of traffickers is a primary form of
deterrence, and therefore delays in proceedings and subsequent prosecutions, may also play a part in
weakening deterrence efforts and enabling traffickers to act with impunity.

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3.3 Inability to return to countries of origin or access services in the country
of identification
Movement restrictions may impede victims/survivors’ ability to return to their country of origin if
that is their preferred choice, which can impact their ability to continue accessing support services.
Having no option but to remain in a county where the trafficking occurred can also have negative
mental health impacts on survivors. Where a survivor is not a national of the country where they
have been identified and either wish to or have no option but to remain, disruption to immigration
caused by the pandemic may lead to their inability to access support services, including healthcare,
as it is common for support to non-resident survivors to be either time limited or contain other
restrictions.

SUGGESTED MEASURES FROM THE EXACERBATION

OF VULNERABILITIES TO TRAFFICKING IN
FOLLOWING FACTORS:
1) Poverty and Unemployment
• States should provide immediate support for the most affected populations, in particular informal
workers, and activate fiscal stimulus, including in the forms of cash transfers, low interest rates,
access to credit, insurance and wage support schemes, which would prevent them from seeking
irregular or exploitative employments;

• Social protection benefits schemes should be extended to everyone to make sure that no one is left
behind;
• States should make efforts to ensure that formal workers and enterprises do not fall into
informality as a result of the crisis

2) Vulnerabilities linked to the migration status

• States should formally acknowledge the contribution of migrant workers to support economies
and fill labour shortages;
• States should consider regularization and extension of temporary permits to allow migrant
workers to access social benefits schemes;

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• States should ensure safe mobility within and across countries and grant working visas to seasonal
workers;
• States should make sure that all workers are provided with adequate health protections and that
occupational safety and health measures are put in place;

• States should strengthen legal and social protection pathways for victims of labour exploitation;
• States should not suspend labour inspections due to the COVID-19; labour inspectorates should
be trained to recognize cases of trafficking and exploitation;
• States should facilitate access to justice for victims of trafficking and exploitation;
• States should not detain, charge or prosecute exploited persons for irregular work or irregular
residence status;
• States should not detain, charge or prosecute victims of trafficking for labour exploitation for their
involvement in unlawful activities to the extent that such involvement is a direct consequence of
their situation as trafficked persons (non-punishment principle)

3) Vulnerabilities linked to the migration journey

• In implementing lockdown measures and limitations of movement, States should ensure that
informal workers have access to safe shelter;
• States should provide essential services and goods to those left without jobs and define income
support measures for those who do not qualify for those measures.

4) Restrictive migration policies

• States should guarantee continued access to asylum procedures, in line with international human
rights standards;
• Asylum procedures should avoid placing migrants in a more vulnerable situations; migrants
should not be detained in crowded facilities and unhealthy conditions.

5) Lack of services provided to victims of trafficking and re-

victimization
• States should guarantee the extension of projects in support to victims of trafficking to avoid
protection gaps and risks of re-victimization;
• States should ensure adequate alternate accommodation for residents in shelters that were shut
down due to COVID-19 infections;17
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• Relief economic packages adopted by States should include that adequate funding is allocated for
essential services in support of victims of trafficking such shelters, psychological services and
access to legal support;
• Asylum procedures and other procedures involving the recognition of the status of trafficking
victims should be treated as urgent procedures, and not put on hold during the pandemic;
• Non-governmental organizations should raise awareness with donors on the increased needs to
fund trafficking prevention and response in light of the COVID-19 pandemic.

6) Disruption of supply chain

• States should request suppliers to conduct risk assessments to assess the impact of COVID- 19 on
operations;
• States should ensure that suppliers are paid on time for the fulfilment of the contract and that they
quickly implement any government guidance on financial assistance to workers and do not
penalize workers for isolation protocols or sick leave.

7) Trafficking and exploitation of children

• States should ensure that response plans to COVID-19 include gender sensitive and age
appropriate measures to protect children from abuse and neglect;
• Child protection services should be considered an essential service which must be adequately
resourced;
• States should make internet affordable to all;
• Civil society groups and social services should keep supporting vulnerable children who are at
risk of being drawn into criminal activities and exploitation by criminal bands;
• States should request tech companies to keep children safe online and guarantee free access to
child helplines and safe educational platform;

• States should raise awareness with the media, online platforms and parents on online sexual
exploitation and abuse and ways to protect the most vulnerable from outreach and grooming by
sex offenders.

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8) The risks faced by victims and potential victims of sexual
exploitation
• States should address the gendered impact of the pandemic and strengthen efforts to effectively
identify victims of sexual exploitation;
• States should guarantee that sex workers receive equal protection under the law and access to
social benefits and health care;

• States should properly identify victims of trafficking for sexual exploitation and should not
detain, charge or prosecute them for their involvement in unlawful activities to the extent that
such involvement is a direct consequence of their situation as trafficked persons (non- punishment
principle).

LEGAL FRAMEWORK AGAINST THE TRAFFICKING IN

INDIA
The government of India officially ratified the United Nations Convention against Transnational
Organised Crime (UNTOC) and its Protocols, including the UN Trafficking Protocol, on May 5,
2011. The process of ratification indicated the State’s consent to be bound by the terms and
provisions of the UNTOC and its Protocols. However, in India ratified treaties do not automatically
have the force of law in domestic courts.
The India Constitution binds the Indian government to adhere to its treaty and obligations.12 In
Vishaka v. State of Rajasthan13, the Honourable Supreme Court of India established that the
provisions of intentional treaties might be read into existing Indian law in order to expand its
protection.14 Thus, the anti-trafficking provisions of the Indian Constitution and other laws should be
interpreted in light of the UN Trafficking Protocol and other international treaties to which India is a
party.

12The Indian Constitution, Art. 51(c)

51. The State shall endeavour to- (c) foster respect for international law and treaty obligations in the dealings of
organized peoples with one another.
13 (1997) 6 SCC 241.
14 Ibid.
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Under the Indian Constitution the issue of trafficking has been dealt with specifically. Article 2315,
Article 39(e)16 and Article 39(f)17 deal with trafficking and indicate the special protection to be
provided to vulnerable groups in the society. Both under Chapter III i.e. of Fundamental Rights
(FRs) and Chapter IV i.e. of Directive Principles of State Policy (DPSP), the issue of trafficking has
been closely acknowledged and dealt with.
While fundamental rights are justifiable and can be directly enforced in a court of law, the same is
not true for DPSP. However, they play a major role in shaping State policies and be the basis for a
legislation. As per Article 23 which forms a part of Chapter III, trafficking in human beings is
prohibited as are all forms of forced labour. As per Article 39(e) and (f), health and strength of the
workers should not be abused.

The Immoral Traffic Prevention Act, 1956

It is the only legislation that specifically deals with trafficking. Some of the major elements of
trafficking are covered by it. These include procuring18, inducing or taking a person for prostitution,
detaining a person in premises where prostitution is being carried on19 and soliciting20 .
On rescue and rehabilitation, the Act provides for rescue on the directions of a Magistrate.21 To
protect rescued women from harassment, two women police officers must be present during the
search procedure and also the interrogation must be done by a woman officer.22 There is also
provision for placing the woman or child in intermediate custody removed as per the provisions

1523. Prohibition of traffic in human beings and forced labour.- (1) Traffic in human beings and begar and other similar
forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in
accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public
purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race,
caste or class or any of them.
16 39. Certain principles of policy to be followed by the State- The State shall, in particular, it policy towards securing-
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that
citizens are not forced by economic necessity to enter avocations unsuited to their age or strength
17 39. Certain principles of policy to be followed by the State- The State shall, in particular, it policy towards securing-
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and
dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
18 The Immoral Traffic (Prevention) Act, 1956 (Act 104 of 1956), s. 5.
19 The Immoral Traffic (Prevention) Act, 1956 (Act 104 of 1956), s. 6(1).
20 The Immoral Traffic (Prevention) Act, 1956 (Act 104 of 1956), s. 8.
21 The Immoral Traffic (Prevention) Act, 1956 (Act 104 of 1956), s. 16.
22 The Immoral Traffic (Prevention) Act, 1956 (Act 104 of 1956), s. 15(6A).
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under section 15 or 16 in a safe place and to away from those who might influence her adversely
and in a harmful manner.23

The Trafficking of Persons (Prevention, Protection and Rehabilitation)

Bill, 2018
The Bill has 59 sections divided into 15 chapters. The main features of the Bill are:
• The Bill deals with all kinds of trafficking and also with the rehabilitation, protection and rescue
of the trafficked person.
• It also seeks to establish the rehabilitation and investigation authorities at the District, State and
National level.
• An Anti-trafficking unit for rescuing victims and investigating the case while a Rehabilitation
Committee for rehabilitation will be setup as per the provisions of the Bill.
• Trafficking has also been classified into general and aggravated forms under the Bill. The
aggravated form is trafficking for the purpose of forced labour, bearing of children, begging, or
for inducing early sexual maturity.
• The punishment under the law has been enhanced and made more stringent in comparison to the
present laws.

• It also takes care of the confidentiality of the victim, complainant and of the witness by not
disclosing their identity.
• All proceedings need to be time-bound and must be completed within an year from date of taking
cognizance.

• For the first time, a rehabilitation fund for the victims of trafficking shall be created.
• The Bill also addresses the issue of trans-border trafficking.

23 The Immoral Traffic (Prevention) Act, 1956 (Act 104 of 1956), s. 17.
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 EVOLUTION THROUGH JUDICIAL
PRONOUNCEMENTS

What is Human Trafficking

It was clearly laid down as early as in 1953 in Raj Bahadur v. State of W.B.,24 that traffic in human
beings mean to deal in men and women like goods, such as to sell or let or otherwise dispose of. It
would include traffic in women and children for immoral or other purposes. Heinous Nature of the
Crime vis-à-vis Moral Culpability
The Court observed in Vishal Jeet v. Union of India,25 that:
“The causes and evil effects of prostitution maligning the society are so notorious and frightful that
none can gainsay it. It is highly deplorable and heartrending to note that many poverty stricken
children and girls in the prime of youth are taken to ‘flesh market’ and forcibly pushed into the
‘flesh trade’ which is being carried on in utter violation of all cannons of morality, decency and
dignity of humankind. There cannot be two opinions—indeed there is none—that this obnoxious
and abominable crime committed with all kinds of unthinkable vulgarity should be eradicated at all
levels by drastic steps.”

Human Trafficking and Child Prostitution

In Vishal Jeet v. Union of India,26 the Court laid down following directions in this regard:
• All the State Governments and the Governments of Union Territories should direct their law
enforcing authorities concerned to take appropriate and speedy action in eradicating child
prostitution.

• The State Governments and the Governments of Union Territories should set up a separate
Advisory Committee within their respective zones to make suggestions regarding the measures to
be taken and the social welfare programmes to be implemented for the children and girls rescued
from the vices of prostitution.

24 1953 SCC OnLine Cal 129

25 (1990) 3 SCC 318
26 (1990) 3 SCC 318
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• All the State Governments and the Governments of Union Territories should take steps in
providing adequate and rehabilitative homes manned by well-qualified trained social workers,
psychiatrists and doctors.
• The Union Government should set up a committee of its own to evolve welfare programmes on
the national level for the care, protection, rehabilitation, etc. of the young fallen victims and to
make suggestions of amendments to the existing laws for the prevention of sexual exploitation of
children.
• The Central Government and the Governments of States and Union Territories should devise a
machinery of its own for ensuring the proper implementation of the suggestions that would be
made by the respective committees.
• The Advisory Committee can also delve deep into devadasi system and join tradition and give
their valuable advice and suggestions as to what best the Government could do in that regard.

Human Trafficking and Bonded Labour

The Supreme Court in Bandhua Mukti Morcha v. Union of India,27 has elucidated the rehabilitation
of bonded labour and directed the Government to award compensation to released/rescued bonded
labour under the provisions of Bonded Labour System (Abolition) Act, 1976 after taking note of
serious violation of fundamental and human rights:
“The rehabilitation of the released bonded labourers is a question of great importance, because if the
bonded labourers who are identified and freed, are not rehabilitated, their condition would be much
worse than what it was before during the period of their serfdom and they would become more
exposed to exploitation and slide back once again into serfdom even in the absence of any coercion.
The bonded labourer who is released would prefer slavery to hunger, a world of ‘bondage and
illusory security’ as against a world of freedom and starvation.”
It may be pointed out that the concept of rehabilitation has the following four main features as
addressed by the Secretary, Ministry of Labour, Government of India to the various States
Governments:

• Psychological rehabilitation must go side by side with physical and economic rehabilitation.
• The physical and economic rehabilitation has 15 major components, namely, allotment of house
sites and agricultural land, land development, provision of low cost dwelling units, agriculture,

27 (1984) 3 SCC 161

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 provision of credit, health medical care and sanitation, supply of essential commodities, education
of children of bonded labourers and protection of civil rights, etc.
• There is scope for bringing about an integration among the various central and State sponsored
schemes for a more qualitative rehabilitation and to avoid duplication.While drawing up any
scheme/programme of rehabilitation of freed bonded labour, the latter must necessarily be given
the choice between the various alternatives for their rehabilitation and such programme should be
finally selected for execution as would meet the total requirements of the family of freed bonded
labourers to enable them to cross the poverty line on the one hand and to prevent them from
sliding back to debt bondage on the other.
The Supreme Court in PUCL v. State of T.N.,28 directed the District Magistrates to effectively
implement Sections 10, 11 and 12 of the Bonded Labour System (Abolition) Act, 1976 and
expected them to discharge their functions with due diligence, empathy and sensitivity, taking note
of the fact that the Act is a welfare legislation.

Human Trafficking and Child Labour

In Lakshmi Kant Pandey v. Union of India,29 P.N. Bhagwati, J., observed:
It is obvious that in a civilised society the importance of child welfare cannot be over-emphasised,
because the welfare of the entire community, its growth and development, depend on the health and
well-being of its children. Children are a ‘supremely important national asset’ and the future well-
being of the nation depends on how its children grow and develop.”
The Supreme Court in M.C. Mehta v. State of T.N.,30 seeing the severe violation of fundamental
rights in cases of child labour observed:
“… if there is at all a blueprint for tackling the problem of child labour, it is education. Even if it
were to be so, the child of a poor parent would not receive education, if per force it has to earn to
make the family meet both the ends. Therefore, unless the family is assured of income aliunde,
problem of child labour would hardly get solved; and it is this vital question which has remained
almost unattended.
… if employment of child below the age of 14 is a constitutional indiction insofar as work in any
factory or mine is concerned, it has to be seen that all children are given education till the age of 14

28 (2013) 1 SCC 585

29 (1984) 2 SCC 244
30 (1996) 6 SCC 756
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years in view of this being a fundamental right now, and if the wish embodied in Article 39(e) that
the tender age of children is not abused and citizens are not forced by economic necessity to enter
avocation unsuited to their age, and if children are to be given opportunities and facilities to develop
in a healthy manner and childhood is to be protected against exploitation as visualised by Article
39(f), it seems to us that the least we ought to do is see to the fulfilment of legislative intendment
behind enactment of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.”
In view of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 the offending
employer must be asked to pay compensation for every child employed in contravention of the
provisions of the Act a sum of Rs 20,000 which is to be deposited in Child Labour Rehabilitation-
cum-Welfare Fund.

Constitution of Committee to Combat Trafficking in Humans

In Gaurav Jain v. Union of India,31 the Supreme Court passed an order directing, inter alia, the
constitution of a committee to make an in-depth study of the problems of prostitution, child
prostitution, and children of prostitutes, to help evolve suitable schemes for their rescue and
rehabilitation.
The Supreme Court observed:
The ground realities should be tapped with meaningful action imperatives, apart from the
administrative action which aims at arresting immoral traffic of women under the Immoral Traffic
(Prevention) Act through inter-State or Interpol arrangements and the nodal agency like the CBI is
charged to investigate and prevent such crimes.”
The Central Government pursuant to the directions issued by the Supreme Court in Gaurav Jain
case constituted a “Committee on the Prostitution, Child Prostitutes and Plan of Action to Combat
Trafficking and Commercial and Sexual Exploitation of Women and Children”.

Vocational Trainings and Social Welfare Boards

The Supreme Court in Budhadev Karmaskar v. State of W.B.,32 had issued notice to all States while
noting down the concern on the pathetic conditions of sex workers:
“We strongly feel that the Central and the State Governments through Social Welfare Boards
should prepare schemes for rehabilitation all over the country for physically and sexually abused

31 (1997) 8 SCC 114

32 (2011) 11 SCC 538
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women commonly known as prostitutes as we are of the view that the prostitutes also have a right to
live with dignity under Article 21 of the Constitution of India since they are also human beings and
their problems also need to be addressed.
A woman is compelled to indulge in prostitution not for pleasure but because of abject poverty. If
such a woman is granted opportunity to avail some technical or vocational training, she would be
able to earn her livelihood by such vocational training and skill instead of by selling her body.
Hence, we direct the Central and the State Governments to prepare schemes for giving technical/
vocational training to sex workers and sexually abused women in all cities in India.”

LIMITATION IN THE LEGISLATIVE PROVISIONS

The Bill is incomplete in the sense that it does not cover all ambits of trafficking. The Criminal Law
(Amendment) Act, 2013 introduced two new sections under The Indian penal code dealing with
trafficking i.e. Section 370 and 370A33. Section 370 deals with all kinds of trafficking and this can
be gathered from its explanation clause. The penal sanction imposed is a minimum sentence of
seven years which may extend to ten years.
The Bill doesn’t redefine the word trafficking but only include one separate category of it, i.e.,
aggravated forms of trafficking which includes trafficking for the purpose of forced labour,
marriage, childbearing and begging. The penal sanction is imposed is minimum imprisonment for
ten years which may extend to life imprisonment. To an utter surprise, trafficking for the purpose of
sexual exploitation doesn’t come under definition of aggravated form of trafficking. Trafficking for
sexual exploitation is counted among the top three prime reasons for human trafficking in India.
More than 30 per cent people rescued from such groups who engage in human trafficking were
related to sexual exploitation. Despite all of it, trafficking for sexual exploitation doesn’t find
mention in the Bill which is astonishing.
There is also no mention of victims of trafficking during disasters. The National Crime Records
Bureau (NCRB) in its 2016 data stated that the police registered 10,357 cases of trafficking for
forced labour, 349 cases of trafficking for forced marriage and 71 cases of trafficking for begging.
The Bill doesn’t address the same.

33 370A. Exploitation of a trafficked person.- (1) Whoever, knowingly or having reason to believe that a minor has been
trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for
a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
(2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for
sexual exploitation in any manner, shall be punished With rigorous imprisonment for a term which shall not be less than
three years, but which may extend to five years, and shall also be liable to fine.'.
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As for rehabilitation, the Bill like the present laws adopted the confinement method of
rehabilitation, which has anyway proved to be inadequate. The Bill also doesn’t change the current
mechanism of checks and balances on the investigating authorities and doesn’t hold them
accountable for improper training or any other flaw.
The burden on the accused to prove his innocence without any legitimate and evidentiary basis is
against the principle of innocent until proven guilty and this is another flaw of the proposed
legislation.
The Bill also intrudes into the legislative area of other penal laws such as Section 38334 IPC and
many other offences. This proves that the law has been drafted without applying any legal mind.

34383. Extortion- Whoever intentionally puts any person in fear of any injury to that person, or to any other, and
thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or
anything signed or sealed which may be converted into a valuable security, commits "extortion".
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 CONCLUSIONS
The COVID-19 outbreak is impacting people all around the world, disrupting economic activities,
State’ functions, livelihood options and it is reshaping global dynamics. People who were already
vulnerable, might become even more vulnerable to traffickers who are exploiting global
uncertainties to gain profits. Other individuals who are experiencing material, social and economic
losses might find themselves at higher risks of trafficking and other human rights violations. In
countries that are implementing total or partial lockdown, trafficked persons might remain trapped
in their place of exploitation and be unable to find an exit route. They might experience increased
violence at the hands of their traffickers due to the loss of economic opportunities or they might be
forced to keep working in unsafe conditions, without adequate health protections. Trafficked and
exploited persons might be obliged to work extra-hours to make more profits in a time of economic
disruption. Traffickers might detain their documents, therefore hampering the ability to access
social protection benefits and health care. Without the appropriate documentation, they might also
risk to be detained or sent back to countries where they face violence and therefore, be exposed to
further risks of re- victimization. Law enforcement’s efforts are focused on the prevention of
COVID-19’s spread and might reduce the capacity to respond to cases of trafficking. The justice
system might be delayed, leaving victims of trafficking who are awaiting for a judgment in an
undetermined limbo.
The current crisis caused by COVID-19 is bringing to the surface existing inequalities and
vulnerabilities, and it is also shaping the way human trafficking is perpetrated. States should take
stock on what it has been done in the past to combat trafficking and adopt long-term sustained
policies to mitigate and eliminate vulnerabilities to trafficking. Such policies must be human rights-
centred. The crisis might also represent a unique opportunity to implement universal social
protection systems to erode sharper social inequalities. As affirmed by the Human Rights High
Commissioner, COVID-19 is a test for societies, communities and individuals. The way States will
react to this global crisis will set the foot for future generations and provide an opportunity to make
societies fairer, more inclusive, and free from trafficking and exploitation.

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