www.lexhumanitariae.co.

in
Volume I Issue II | April 2020 ISSN: 2582-5216

BODY PACKING: THE CONJUNCTIVE OF HUMAN TRAFFICKING

AND DRUG SMUGGLING
- Shraboni Behera & Shinjini Mitra1

ABSTRACT
The definition of “Human Rights” when put into words can and does sound quite intricate and
intriguing; however the authors of the paper believe that the notion of ‘rights’ should rather be
regarded as an emotion. The emotion that a person should experience as to be able to live in their
own way because they are entitled to it. Human Trafficking is one such primary methods of
transgression of human rights wherein trafficker controls and commands over its victims and
violates the fundamental human rights. Statistics shows that a significant number of human
trafficking victims end up as “Body Packers” who are forcibly made associated to the commission of
organized crime namely, drug smuggling. This article puts “Body Packing” into spotlight and the
authors have described on how drugs are smuggled across borders through the usage of the bare
body of human being which is merely a ‘vessel’ to the traffickers. Sadly but truly, body packing not
only violates several human rights of the victims but also assists in extention of drug rings across
borders. The need of the hour is to legislate laws to curb both the crimes which is spread across the
world. Being unrecognized by The UN Office on Drugs and Crimes (UNODC) as well as from the
general conventions and treaties of UN, the violators of body packers acquire an upper hand to
continue oppressing and exploiting the victims.
Key References: Body Packing, Human Trafficking, Drug Smuggling, UNODC, Human Rights,
Transnational Organised Crimes

INTRODUCTION
In the past decade the UNODC (UN Office on Drugs and Crime) estimated that around 21 million to
30 million people around the world are currently thought to be victims of human trafficking; which
the International Labor Organization estimates generation of US$150.2 billion in profits each year.2
While illicit drug trade remains one of the most lucrative criminal business, it has taken the shape of
one of the major Transnational Organized Crimes in the world valuing at worth US$426 billion to
US$652 billion in 2014.3 Drug trafficking stands responsible for one-third of the total retail value of
the transnational crimes making it one the fastest growing crime market. Cannabis being the most
traded drug is pirated cross borders, followed in order by cocaine, opiates, and amphetamine-type
stimulants (ATS). Drug traffickers are no doubt money minded motivated businessmen who want to
extend their profit margins and therefore they expand their business to new markets namely human
trafficking.4

HUMAN RIGHTS, BODY PACKING AND LAWS

Human body is sacred but when someone such as a predator or trafficker exploits the same through
any means, the very integrity of “being a human being” is lost. It is a wellknown fact that human

1
Students, BA LLB, 3rd year, National Law University, Odisha
2
Channing May, ‘Transnational crime and the developing world’ (Global Financial Integrity, 2017)
<https://gfintegrity.org/report/transnational-crime-and-the-developing-world/> accessed on 8th January 2020
3
Ibid
4
Michelle Lillie, ‘When drug trafficking become human trafficking’ (Human Trafficking Search, 2014)
<https://humantraffickingsearch.org/when-drug-trafficking-becomes-human-trafficking/> accessed on 6th January 2020

©2020- Lex Humanitariae: Journal for a Change Page | 232

www.lexhumanitariae.co.in
Volume I Issue II | April 2020 ISSN: 2582-5216

trafficking is usually done for fundamentally two reasons: forced labour and sexual exploitation but
little do we forget is that we are living in a progressive society wherein every day we encounter a new
form of crime. The same age old crime is carried out in the most ingenious way possible to humankind.
Human trafficking now contributes in drug smuggling as well. Drugs which are prohibited and barred
from consumption are swiftly shifted across nation’s border or cross border with the assumption that
the human body is nothing but just a mere vessel or container. As per UNODC’s World Drug Report
2019, Cannabis continues to be the world’s most consumed substance with an estimated 118 million.
Global quantity of cocaine seized in 2017, that is 1,275 tons indicated an increment of 13% from
previous years as well. These statistics reflect that accessibility to drugs have indeed become simpler
and in order to preserve our society, we need to know its origin. Body packers are people who, wilfully
or through intimidation, swallow, or supplement drugs or contrabands filled parcels mosty made from
layers of condoms and latex sheath into their body, for the most part trying to pirate them crosswise
over secure borders.5 Beside swallowing, insertion of contraband drugs is done into the cavities or
orfices of the body. Rectum and vagina being the most targeted spaces, surgical operation does
transpire as well. This method is called body packing and concealment of illicit drugs, which is
primarily done by mules. The term “mule” here is generally used for the ones who acts like a carrier
to transport the contraband drugs. The mule in this case may or may not have consent towards it. The
distinction between the two markets, drug smuggling and human trafficking, is that a shipment of illicit
drugs can be sold just once before it is used, yet a person's body can be sold and exchanged for a
considerable length of time and for many times. As one dealer clarified “I sell drugs, I sell it, it's gone,
I sell a young lady, she's still there”.6 Criminal Groups in the United States are progressively going to
sell youngsters for sex. The issue has become so normal that in the previous year the pioneers of three
of the most fierce and ruthless possess in the United States have been imprisoned for their inclusion
with youngster sex dealing. Powerless human dealing laws in the United States combined with
unforgiving medication laws make it less unsafe for groups and criminal associations to traffic people.
The dismal truth for dealers is that, the more cash that can be made for minimal measure of hazard is
the better alternative, which is the explanation drug dealers have moved into sex dealing.
UNODC reported that 73% of female trafficking victims and 27% of male trafficking victims were
used for crime ventures other than forced labour, sexual exploitation or organ removal. 7 There’s
prevalence of racism as “white” women are preferred over “dark skinned” because white women acts
as a “safety net” and free from suspicion. Attrition also accounts for the cartels's appetite for young
white girls. 8 Narco Pregnancy is on rise too as pregnant women across nation are smuggling
contraband drugs in their fake pregnancy. A paste-based belly is structured and used to smuggle drugs.
Now the important question arises here, has body packing for the concealment of drugs being defined
in any treaties ? The answer is, no. Body packing has never been explicitly being defined. The body
of a human being used as a vessel to carry drugs is a violation of human rights. It can be regarded as
“bodily exploitation”. However little is being done to address this issue which has taken an apocalyptic
turn within the last few decades. In a recent study, previous drug traffickers were questioned as to why

5
Robert S Hoffman, ‘Internal concealment of drugs of abuse (Body Packing)’ (Wolters Kluwer, 20 th March 2019) <
https://www.uptodate.com/contents/internal-concealment-of-drugs-of-abuse-body-packing> accessed on 6th January 2020
6
Supra note. 4
7
Andrew O Hagan, Isobelle Claire Harvey, ‘The internal machinations of cocaine: the evolution, risks, and sentencing of
body packers’ (2016) 6(2) Forensic Research and Criminology International Journal
<https://medcraveonline.com/FRCIJ/the-internal-machinations-of-cocaine-the-evolution-risks-and-sentencing-of-body-
packers.html> accessed on 11th January 2020
8
Simon Maxwell Apter, ‘The Mule’ (2009) 85(4) The Virginia Quarter Review
<https://www.jstor.org/stable/26446299?Search=yes&resultItemClick=true&searchText=the&searchText=mule&search
Uri=%2Faction%2FdoBasicSearch%3FQuery%3Dthe%2Bmule%26amp%3Bacc%3Don%26amp%3Bwc%3Don%26am
p%3Bfc%3Doff%26amp%3Bgroup%3Dnone&ab_segments=0%2Fbasic_SYC-
4946%2Fcontrol&refreqid=search%3A2ea6da4dc0f393e65d0d5cf393a008ee&seq=1#metadata_info_tab_contents>
accessed on 13th January 2020

©2020- Lex Humanitariae: Journal for a Change Page | 233

www.lexhumanitariae.co.in
Volume I Issue II | April 2020 ISSN: 2582-5216

continuation of such organized crimes are not put to an end. To this five reasons were provided:
Punishment by authorities or other traffickers, Self image and identity, Social ties, Life course changes
and Druge use or abuse.9
Ever since the society became aware of both the transnational crimes: human trafficking and drug
smuggling, it had never crossed the minds that both can be inclusive of one another until recently. We
specifically are indicating that the victims of human trafficking are put into use for smuggling of drugs
forcefully as their body itself become the “hiding spot” for drugs. INTERPOL carried out an operation
in 2017, Operation Lionfish – ASEAN, in order to find the organized crime groups who are responsible
for smuggling drugs. During the first week of the operation, authorities in the United Arab Emirates
(UAE) identified an increasing trend of liquid cocaine being trafficked. Smugglers would swallow
condoms packed with liquid cocaine and similar drugs which are less likely to get caught by the X-
Ray machines at airports. At the request of the UAE, an INTERPOL Purple Notice was issued to all
190 member countries outlining this modus operandi and methods for detection.10
Body pressing was first portrayed in the restorative writing in 1973; be that as it may, episodic reports
recommend the training was used by drug dealers at any rate 10 years before acknowledgment. Body
packing, which includes ingestion of drugs to stay away from up and coming investigation by
authorities, is a different however related practice that can prompt intense perilous toxicity in the
society as well as an individual.11
At the point when body packers present to health care service providers, it is ordinarily for (at least
one) of the accompanying reasons:
• The tolerant ("body packer") is asymptomatic yet is in the guardianship of medical specialists.
There is a requirement for therapeutic assessment and checking.12
• The understanding has indications of foundational drug toxicity from a cracked mule.
• The tolerant has created side effects of gastrointestinal impediment or rupture. Additionally, there
are some reports about upper GI hemorrhage caused by prolonged pressure of the packets on the
gastric mucosa.13
Body packing thus leads to dangers in health of a person and may also lead to death. The first body
packing incident was reported in the year 1973 by Deitel and Syed where a 21 year old had swallowed
a certain substance which had hasish and eventually developed bowel obstruction. The illicit drugs so
smuggled. However even though the instances report to us that body packing has been going on for a
considerable period of time there is no specific law relating towards it. The Universal Declaration of
Human Rights is the foundation of the birth of building modern day international human rights. The
development of the global human rights system has given a critical apprehensions to address the
oppressive and unapproachable exercise of state power. Multilateral bargains drug control originate
before the establishment of worldwide human rights law by a very long while.
It started in 1912 with the International Opium Convention and advancing through a progression
received under the sponsorship of the League of Nations, drug control was at that point a settled subject
of worldwide law when the UN General Assembly embraced the Universal Declaration in 1948, and

9
Supra note. 7
10
INTERPOL, ‘New drug trafficking routes and smuggling methods identified in INTERPOL-led operation’ (2017)
<https://www.interpol.int/es/Noticias-y-acontecimientos/Noticias/2017/New-drug-trafficking-routes-and-smuggling-
methods-identified-in-INTERPOL-led-operation> accessed on 2nd January 2020
11
A Pinto, L Brunese, ‘Radiology and practical aspectsof body packing’ (2014) British Journal of Radiology <
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4067033/#!po=55.8824> accessed on 8th January 2020
12
Ibid.
13
Jakhar, Jitender, Dhattarwal, S.K & Aggarwal, Akash & Chikara, Pankaj & Khanagwal, Vijay, ‘Heroin body packer's
death in Haryana; India: A case report’ (2013) 20(6) Journal of Forensic and Legal Medicine <
https://www.sciencedirect.com/science/article/abs/pii/S1752928X13000905?via%3Dihub> accessed on 5 th January 2020

©2020- Lex Humanitariae: Journal for a Change Page | 234

www.lexhumanitariae.co.in
Volume I Issue II | April 2020 ISSN: 2582-5216

the principal UN drug convention in 1961. The preamble of the treaty, the Single Convention on
Narcotic Drugs, states that it is “concerned with the health and welfare of mankind,” suggesting a
public health-based context in which treaty provisions should be understood.14
Presently, the effect of human rights policies can be found in areas as dissimilar as warfare, terrorism,
trade, intellectual property, the environment, and global health, while the three UN drug convention
impact if not characterize drug control approach and law in pretty much every nation of the world. On
account of human rights, we have seen an expanding number of states endorse centre instruments; an
expanding assorted variety of the instruments themselves (both as far as topic and regional
explicitness); and development in the number and impact of UN and provincial human rights courts
and bodies.15
International Law on drugs has also broadened. The Convention on Psychotropic Substances, adopted
in 1971 was the second major treaty, bringing more control under international regime, and the Single
Convention was amended by Protocol in 1972. In the next few years, the corrective nature of the
international drug control system also prolonged and intensified, with criminal law being used to
suppress drug use and drug markets. The third UN drug treaty, the 1988 Convention against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances, criminalized the entire drug market chain,
from cultivation/production to shipment, sale, and possession (although this last obligation is subject
to caveats). The 1988 Convention incorporates offenses identified with controlled substances, yet
additionally to forerunners and cash laundering. The centrality of general wellbeing and welfare in the
preludes of the 1961 and 1971 medication bargains is missing in the 1988 Convention, which is
especially huge given the regularly growing proof base on drugs, tranquilize use, wellbeing, and
improvement—proof which ought to advise new ways to deal with sedate laws and strategies.16
Bearing the contention that we need to eliminate the incorporation of both the crimes, it is essential to
understand that human rights is directly dependent on the society. The progressive society where we
live in determines whether if addition of new forms of human rights is a matter of requirement or not.
Humanity has become proportional to how good of a society is. The primitive objective of bringing
this issue is three-fold in nature:
Early stage drug addiction
The world has grown concise, smaller and well put together due to technology, communication and
resource development majorly. It is modernization which has bought better and worse things together.
The drugs which were circulated in a particular region now travels to the other end of the world.
Children who have come across drugs and consumed it, have indeed grew dependency on the same
and when young children get affected, withdrawl procedure becomes more excruciating. At times it
might just happen as well that children and adolescents can go beyond lengths just for the sake of
purchasing minimal amount of drugs. Without the knowledge of what “drugs” are, they become drug
addicts. Soon enough they themselves consent to become body packer in order to get some drugs as a
form of payment for smuggling drugs. Pediatric body packing turns consented. A vicious cycle of drug
consumption and smuggling is born. The reason why laws and regulation need to act is because we
need to safeguard the children of future. UNODC facilitated “Preventing Illicit Drug Use and Treating
Drug Use Disorders for Children and Adolescents” to curb certain goals:
• Addressing the health and social consequences for children
14
UNODC, ‘Trafficking in persons and smuggling of migrants’ (2018) (3) <https://www.unodc.org/e4j/en/organized-
crime/module-3/key-issues/trafficking-in-persons.html> accessed on 7th January 2020
15
Helga Konrada, ‘Migration and Trafficking in human beings’ (2002) 77(1/2) <
https://www.jstor.org/stable/23778671?seq=1#metadata_info_tab_contents> accessed on 8 th January 2020
16
Jennifer Fleetwood, ‘FIVE KILOS: Penalties and practise in the international cocaine trade’ (2011) 51(2) The British
Journal of Criminology < https://www.jstor.org/stable/23639884?seq=1#metadata_info_tab_contents> accessed on 7 th
January 2020

©2020- Lex Humanitariae: Journal for a Change Page | 235

www.lexhumanitariae.co.in
Volume I Issue II | April 2020 ISSN: 2582-5216

• Preventing drug use

• Treating drug dependence
• Facilitate their re-integration and contribution to the larger community17
Evidence-Based Family Skills Training Programmes educates the entire family on how to
communicate with children on the subject of drugs and how to supervise and monitor activities of
young children while remaining considerate towards the sensitivity. However the impeding factor is
that, the prevalance of both the laws are not omnipresent which results in marking its presence
concealed. Beside early stage addiction, varied aged people get addicted as well which for the welfare
of the society is a threat.
Violation of laws
The moment precisely when transfer of drugs successfully reaches its destination, there is an
immediate violation of laws of that particular nation. This results in lose of confidence of the legislative
body as the society feels that the laws are failing in securing its citizens. Furthermore, on the other side
of the coin, the confidence of the smugglers is heightened as there is a sense of relief of getting away
with commission of a criminal act. Such realization only leads to provocation of committing a similar
crime or the very same crime. Hence, a recurring pattern of ilicit drug smuggling comes into existence.
Expansion of Transnational Organized Crime
Body packing accords both human trafficking and drug smuggling. Substantially there has been a
drastic increase in the profits of drug smuggling in the last decade as per the UNODC’s World Drug
Report 2019. The global market value of drug trafficking in 2014 is valued at US$426 million to
US$625 million. Cocaine and opiates securing the second and third most traded drugs respectively
have similar market value as well as number of global consumers. The submarkets are worth US$94
billion to $143 billion and US$75 billion to $132 billion, respectively, and have approximately 17 to
18 million users now. Since body packing never had any definition, law and regulations, the profits
derived remains undetermined but with the surge of profits from Transnational Organized Crimes of
trafficking and drug smuggling, there is a tinge of assumption that body packing had a role in it. As
the body of human being is trafficked, profits are drawn in and further, the victim derives money as
well once employment in bonded labour is settled. The victims are put up for body packing later on as
well. Influx of profit from both crime sectors start to increase as one entity stays involved. With the
assistance of minimal investment, maximum profitization is bought out. Owing to the above mentioned
reason, both the organized crime market remain active and flourishing. Major human rights
infringement and exploitation comes into picture as the fundamental right of bodily intergrity, human
dignity and its preservation turns into a big question mark as the moral “self” is devastated. As per the
Constitution of India, Article 14 and 21 which are cardinal to a human being’s life are violated.

PEDIATRIC BODY PACKING

It is a disgrace to acknowledge that even with the prevalance of several conventions and treaties,
optimum results are yet to come out which would preserve the society. With the amalgamation of both
the perilous crimes it is quite a revelation that much spotlight is not thrown in this area. UNODC
although knowing the gravity of the situation does very little to tackle the issue. In the year 2012, the
UNODC reported a spine chilling incident that took place over at South Asia wherein a mother sold
her 14 year old, tender daughter to “someone” who turned out to be a trafficker exploiting every inch
of her skin. She was forced to do labour, forced into prostitution and forced to get shifted to various
places while being bonded. She had turned into a slave, always looking upto her “master” who was a

17
UNODC, ‘Children-Our future, our responsibility’ < https://www.unodc.org/unodc/en/drug-prevention-and-
treatment/children/index.html> accessed on 5 th January 2020

©2020- Lex Humanitariae: Journal for a Change Page | 236

www.lexhumanitariae.co.in
Volume I Issue II | April 2020 ISSN: 2582-5216

gruesome monster in disguise, for a fragment of mercy. Such event should never happen in any
person’s life let alone a girl of 14 year old. However the eerie incident does not end here. The trafficker
after coming to know that his slave carried an American passport, an ugly turn of event occurred. The
girl was forced to swallow 86 balloons of drugs and was made to board the flight to pirate the same.
Such pediatric body packing and drug smuggling usually gets very little notice since its is not expected
by any person that a child would be indulged in such activities. If we thought that the worst has
happened to the child, then it is not. The girl encountered several other girls as well who were
performing the same job and right infront of her eyes another innocent girl died out of rupture of drug
packets. The infliction of mental trauma, torture, physical abuse, sexual exploitation, petrification and
fear altogether is unquestionably the worst for a victim of human trafficking. With all the worst
possible combination of situations, the girl however came out victorious as she escaped her traffickers.
Such survivors become a voice of thousands who are oppressed by their traffickers.
It is usually the victims of the human trafficking who cooperate with official and hospital authorities
to bust the drug rings and smuggling while the insiders or organizers of the drug smuggling stay afar
from any disclosure altogether. Cases where body packers communicate with the hospital is solely
when “body packing syndrome” is developed. Such is triggered due to drug toxicity in majority of the
cases. In medical terms, the syndrome includes signs of “Tachycardia, hypertension, agitation,
diaphoresis, dilated pupils, hyperpyrexia, seizures, chest pain, arrhythmias and paranoia”. 18 An
observation period commences where the doctors look out for the symptoms in the admitted patient
and act accordingly by surgery and extraction of drugs.
Pediatric body packing is just as similar as to body packing. The drugs are put into balloons made up
of multilayered condoms and are often force fed to the victims who are children ranging from ages of
6 and beyond, who further becomes “mules”. The traffickers use a special machine to open the condom
and put drugs into it. On many occasions, the drug mules are first given a soup laced with drugs to
numb their throats. The soup being very oily, makes the balloons slide down their throat. The victim's
mouth can also be sprayed with anesthesia, enabling them to swallow up to 120 balloons. A drug mule
may be forced to swallow up to one kilogram of illicit drugs and this painful procedure can lead to
serious injuries in the throat. During the journey, they are given medication to inhibit bowel movement.
Once they have reached their destination, they are fed laxatives and the balloons pass through their
bodies.19

DRUG CONTROL AND REGULATION OF LAWS

Drug control and authorization exercises are prime regions for human rights abuses, not least on the
grounds that, the very pointers of accomplishment for drug control efforts are likewise markers of
human rights chance, and by and large are genuine proof of human rights infringement carried out over
the span of upholding different drug related laws. These pointers incorporate the quantities of criminal
offenses restricted; refugees captured and effectively accused; individuals in confinement and
rehabilitation; dealers rebuffed; hectares of crop yields annihilated; and fruitful military tasks against
criminal gangs and mafia. The universal drug control treatise contribute straightforwardly to the
environment of human rights abuse and infringement. The drug treatise are what are referred to inside
international law as "suppression conventions." Suppression systems commit states to utilize their
domestic laws, including criminal laws, to deflect or punish the exercises distinguished inside the
treaty, and are in this way "significant lawful measures for the globalization of corrective norms."
However, while concealment arrangements command all states to act locally and on the whole to battle
18
Supra note. 7
19
UNODC, ‘Drugs mules: Swallowed by the illicit drug trade’ (2012) <
https://www.unodc.org/southasia/frontpage/2012/october/drug-mules_-swallowed-by-the-illicit-drug-trade.html>
accessed on 3rd January 2020

©2020- Lex Humanitariae: Journal for a Change Page | 237

www.lexhumanitariae.co.in
Volume I Issue II | April 2020 ISSN: 2582-5216

violations characterized as being of universal concern, they offer no commitments and little direction
on what is and is not a suitable penal reaction. The UNODC offers legal assistance to states to ensure
their domestic drug laws comply with the terms of the UN drug control treaties. In any case,
substantially less consideration is paid to guaranteeing that such enactment is consistent with
international human rights treaties and standards. The International Narcotics Control Board (INCB),
the settlement body built up under the drug prohibition to screen their usage at the national level,
routinely reprimands governments for what it thinks about feeble authorization of drug prohibitions.
This incorporates at times denouncing the appropriation of proof based measures to secure and advance
wellbeing, regardless of this being a basic human rights commitment perceived in law by a vast larger
part of the world's states. It is imperative that the international drug control system and the complex
international human rights system that has evolved since 1948, cease to behave as though they exist in
parallel universes.20
Human trafficking on the other hand is regulated by the UN system as it offers practical help to States,
to draft laws and create comprehensive national anti-trafficking strategies. Resources are also provided
to assist with the implementation. States receive specialized assistance including the development of
local capacity and expertise, as well as practical tools to encourage cross-border cooperation in
investigations and prosecutions. The adoption in 2000 by the United Nations General Assembly of the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
marked a significant milestone in international efforts to stop the trade in people. A vast majority of
States have now signed and ratified the Protocol. Other UN responses include the Inter-Agency
Coordination Group against Trafficking in Persons and the Global Migration Group.

WHERE DOES INDIA STAND?

India being a party to three United Nations drugs conventions namely, Single Convention on Narcotic
Drugs 1961, Convention on Psychotropic Substances 1971 and Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances 1988, has also legislated its own laws in the nation. The
Drugs and Cosmetics Act 1940 and Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS)
are the only tailor made acts for drug smuggling. The NDPS Act prohibits cultivation, production,
possession, sale, purchase, trade, import, export, use and consumption of narcotic drugs and
psychotropic substances except for medical and scientific purposes in accordance with the law. This
act covers psychoactive substances like Ketamine as well which is not classified nowhere including
the 1971 convention. Such forward observation reflects that the need of the hour has shifted from
contemporary prevalance to pressuming emergence of new drugs which will require regulation in the
future. The primitive reason why NDPS is still functional and binding is due to constant amendments.
NDPS Amendments, 2014 bought various category like, “essential narcotic drugs”, which the central
government can specify and regulate uniformly throughout the country21, discretionary death penalty,
criminalisation of usage of illicit drugs, allotment of funds for treatment of drug dependency and
quantity based sentencing, where due punishment is proportional to the possession of narcotic drugs.
Indian legislation also looks after the aspect of “Harm Reduction”. This service basically deployed
targeted interventions on the drug addicts and expanded it to HIV hit patients as well to combat both
the issues at once. Presently, there are an estimated 200,000 people who inject drugs in the country
and HIV prevalence among them is estimated at 7.14%.

20
Rick Lines, Richard Elliott, Damon Barrett, ‘The case for Internation guidelines on human rights and drug controls’
(2017) 19(1) Health and Human Rights Journal <
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473052/#!po=27.7778> accessed on 7 th January 2020
21
Tripti Tandon, ‘Drug Policy in India’ (2015) <https://idhdp.com/media/400258/idpc-briefing-paper_drug-policy-in-
india.pdf> accessed on 27th December 2019

©2020- Lex Humanitariae: Journal for a Change Page | 238

www.lexhumanitariae.co.in
Volume I Issue II | April 2020 ISSN: 2582-5216

SUGGESTIONS BASED ON FINDINGS

• Rise of commission of drug smuggling through human as vessel or body packing has become an
emerging trend and with the absence of any definite term regarding the same is resulting into the
traffickers not bearing the due liability and charges that should be imposed on them. An immediate
recognition of this particular crime is required so that laws can be legislated accordingly.
• Introduction of laws curated especially for pediatric body packing to safeguard the children and
inclusion of additional laws remotely too, related to children safety into other prevalent laws.
• With all the available options of transportation of contraband drugs, the traffickers generally opt
for airways medium because firstly the commute time is lesser as compared to other mediums.
With the reduced commute time, the probability of packets rupture from drug toxicity also
decreases making it less likely to get noticeable by others. Secondly, the security provisions and
checking procedures are not quite uniform across all the airports in a particular nation hence
making the most neglected airport vulnerable to the traffickers. Lastly, the traffickers being aware
of the outdated X Ray machines deployed in the airports, thoroughly have comprehended that the
packets swallowed by the mules when reaches to their intenstine or lower abdomen would be non-
detectable. The packets would be reflected as form similar to feces in the X Ray machines,
amounting the mules to get a pass to board the flight. To combat this issue, high responsive and of
higher quality machines need to be installed which can detect the subject exhaustively. It should
become every nation’s aim to examine the person coming into or going out of the country.
• We have observed that the body packers are not always a member of the drug smuggling rings but
at times are the victims of the human trafficking. Now these victims do not bear any ill or malafide
intention or any free consent towards the commission of the crime. Under the commands of the
organizers of the crime, they are forced to act, hence due to this particular factor, they should be
either charged with a lesser degree of punishment than the prescribed or be exempted altogether
from the charges. Humanity can only aid in dispensing human rights. The non-criminalisation of
trafficking victims should be recognised not only as a legal requirement but as a moral right which
recognises the vulnerability of the victims and the abuse they endure.22
• A constant check is a necessity on the new and upcoming drugs being produced and circulated.
The progressive society create varied drugs in order to escape from the laws regulating prohibited
and barred drugs from consumption. At times, when contraband drugs are caught hold off, the
traffickers or organizers get away from any criminal liability since the very same drug is
unregulated and free from any barring laws. Both human trafficking and drug smuggling being the
largest crime groups responsible for transnational organized crimes needs to be resolved together
as one is complementary to the other.
• The survivors of the tramatic event of body packing deserves higher degree of protection than what
they receive from the prevalent laws. Additional health care services are required as the mental
state of the victims are deranged and does not perform optimally like that of a regular human.
Research has shown that they suffer from PTSD (Post Traumatic Stress Disorder) as they relive
the flashbacks of the heartwrenching incident. Along with this, additional assistance will motivate
the survivors to bring down the drug smuggling ring of that particular region. Victims do not
generally derive any profit as such from mulling and instead put into treacherous mental and
physically threatening situations.The survivors get an opportunity to retaliate against the
wrongdoer while becoming an encouragment for other sufferers.
• The International Dual Loyalty Working Group has proposed guidelines on how to create a non-
pecuniary relationship between the patient or victim of body packing and the doctor. The

22
Harriet Grant, ‘Human trafficking victims tell of drug factory ordeal’ (2013)
<https://www.theguardian.com/law/2013/apr/07/human-traffic-victims-drug-factories> accessed on 3rd January 2020

©2020- Lex Humanitariae: Journal for a Change Page | 239

www.lexhumanitariae.co.in
Volume I Issue II | April 2020 ISSN: 2582-5216

recommendations primarily focused on training doctors related to human rights, assisting them in
identifying issues of loyalty and trust and encouraging the exercise of clinical judgement
independent of any other interest or consideration.23 The healthcare services too need to honour
their professionalism in aiding the patients rather than getting influenced by the pressure of state
officials or third party hostility.
• There are huge number of refugee camps around the world that contains million stateless people.
Most of these camps lack amenities and services. The United Nations provide huge funds to these
numerous camps, however these camps are in dire straits. Often than not, the youths in these camps
resort to violence. With lack of education facilities, illiteracy have overcome their minds. They are
unemployed and often need money to sustain their living. Mafia gangs in return of drug trafficking
provide them money. The youths fall back on selling drugs as they are vulnerable to exploitation
and it becomes their only means of getting an income for their family. With regards to this the
UNODC as well as the government of the countries need to create strict Narcotics Control Laws
especially in and around camps. Proper amenities and educational facilities need to be started and
literacy regarding drug trafficking and their abuse need to be taken care of. UNODC crisis
management must be directly related to the 2030 Agenda for Sustainable Development, including
the facilitation of orderly, safe, regular and responsible migration (such as through decreasing
profit opportunities for criminal networks); the provision of access to justice for all; and the
building of effective, accountable and inclusive institutions at all levels. While most developed
nations have anti-trafficking laws it is immediate concern that third world nations of Africa, south
east asia start drafting and enacting anti-trafficking laws without any loopholes in them.

REFERENCES
• Aggarwal, S. K., Chikara, A., Dhattarwal, Jakhar, Jitendra, Khanagwal, P., & Vijay. (2013).
Heroin body packer's death in Haryana; India: A case report. Journal of Forensic and Legal
Medicine, 20(6).
https://www.sciencedirect.com/science/article/abs/pii/S1752928X13000905?via%3Dihub
• Apter, S. M. (2009). The Mule. The Virginia Quarter Review.
https://www.jstor.org/stable/26446299?Search=yes&resultItemClick=true&searchText=the&sear
chText=mule&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dthe%2Bmule%26amp%
3Bacc%3Don%26amp%3Bwc%3Don%26amp%3Bfc%3Doff%26amp%3Bgroup%3Dnone&ab_
segments=0%2Fbasic_SYC-
4946%2Fcontrol&refreqid=search%3A2ea6da4dc0f393e65d0d5cf393a008ee&seq=1#metadata_i
nfo_tab_contents
• Baljevic, M., & Pozo, P. R. D. (2017). Ethics of medical care for body packers (drug smugglers):
untangling a web of fears and conflicts of interest. EMHJ, 7.
https://www.researchgate.net/publication/51697581_Ethics_of_medical_care_for_body_packers_
drug_smugglers_Untangling_a_web_of_fears_and_conflicts_of_interest
• Barrett, D., Elliott, R., & Lines, R. (2017). The case for Internation guidelines on human rights
and drug controls. Health and Human Rights Journal, 19(1).
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473052/#!po=27.7778
• Brunese, L., & Pinto, A. (2014). British Journal of Radiology.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4067033/#!po=55.8824

23
M. Baljevic, P. Rodríguez del Pozo, ‘Ethics of medical care for body packers (drug smugglers): untangling a web of
fears and conflicts of interest’ (2011) 7 EMHJ <
https://www.researchgate.net/publication/51697581_Ethics_of_medical_care_for_body_packers_drug_smugglers_Untan
gling_a_web_of_fears_and_conflicts_of_interest> accessed on 9th January 2020

©2020- Lex Humanitariae: Journal for a Change Page | 240

www.lexhumanitariae.co.in
Volume I Issue II | April 2020 ISSN: 2582-5216

• Fleetwood, J. (2011). FIVE KILOS: Penalties and Practice in the International Cocaine Trade.
The British Journal of Criminology, 51(2), 375-393. Retrieved January 19, 2020, from
www.jstor.org/stable/23639884
• Grant, H. (2013). Human trafficking victims tell of drug factory ordeal.
https://www.theguardian.com/law/2013/apr/07/human-traffic-victims-drug-factories
• Hagan, A. O., & Harvey, I. C. (2016). The internal machinations of cocaine: the evolution, risks,
and sentencing of body packers. Forensic Research and Criminology International Journal, 6(2).
Retrieved January 11, 2020 from https://medcraveonline.com/FRCIJ/the-internal-machinations-
of-cocaine-the-evolution-risks-and-sentencing-of-body-packers.html
• Hoffman, R. S. (2019). Internal concealment of drugs of abuse (Body Packing). Wolters Kluwer.
https://www.uptodate.com/contents/internal-concealment-of-drugs-of-abuse-body-packing
• Konrad, H. (2002). Migration and trafficking in human beings. Die Friedens-Warte, 77(1/2), 43-
48. Retrieved January 8, 2020, from www.jstor.org/stable/23778671
• Lillie, M. (2014). When drug trafficking become human trafficking. Human Trafficking Search.
https://humantraffickingsearch.org/when-drug-trafficking-becomes-human-trafficking/
• May, C. (2017). Transnational crime and the developing world. Global Financial Integrity.
https://gfintegrity.org/report/transnational-crime-and-the-developing-world
• New drug trafficking routes and smuggling methods identified in INTERPOL-led operation.
(2017). https://www.interpol.int/es/Noticias-y-acontecimientos/Noticias/2017/New-drug-
trafficking-routes-and-smuggling-methods-identified-in-INTERPOL-led-operation
• Tandon, T. (2015) Drug policy in India. https://idhdp.com/media/400258/idpc-briefing-
paper_drug-policy-in-india.pdf
• UNODC. (2016). Children-Our future, our responsibility. https://www.unodc.org/unodc/en/drug-
prevention-and-treatment/children/index.html
• UNODC. (2012). Drugs mules: Swallowed by the illicit drug trade.
https://www.unodc.org/southasia/frontpage/2012/october/drug-mules_-swallowed-by-the-illicit-
drug-trade.html

©2020- Lex Humanitariae: Journal for a Change Page | 241