Ouriginal Report - Rahul Gupta-Seminar at 23.11.2021.docx (D119593515)

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Analyzed document Rahul Gupta-Seminar @ 23.11.2021.docx (D119593515)
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Sources included in the report
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ouvertes.fr/file/index/docid/1048590/filename/CHOUVY_FINAL_Illegal_trades.doc 1
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URL: https://blog.ipleaders.in/human-trafficking/
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URL: https://www.state.gov/reports/2020-trafficking-in-persons-report/india/
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Entire Document
Jamia Millia Islamia NEW DELHI Faculty of Law
Project
Analytical Study of Child Trafficking in India
Seminar-I
Submitted To – Mr. Parag Chahal Submitted By – Rahul Gupta B.A.LL.B. (H) Regular, 9th Semester Batch Of- 2017-2022
INTRODUCTION
“Children are our most Valuable Resource.” --- Nelson Mandela
The transportation of products and
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commodities from one person to another for an equivalent in goods or money
is referred to as trafficking in general. It can also apply to purchasing and selling, particularly in the context of illegal
trading. Today’s situation is such that human trafficking is involved not only in goods and commodities, but also in people,
particularly children and women. Women and children’s trafficking has become a serious national and worldwide
concern, and efforts are being made to counteract it at all levels (legislative, judicial, executive, and social). Human
trafficking infringes on
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a child’s right to grow up in a family setting, exposing him or her to a variety of dangers, including assault and abuse.
The false promise of a rich job and a prosperous life is commonly used to entice children and their families, while some
are kidnapped and sold. Human trafficking has increased dramatically in India over the last few decades, and it is now
considered one of the most illegal businesses, alongside arms and narcotics smuggling. It is necessary to mobilize public
opinion in order to raise public awareness about the atrocities committed by human trafficking of women and children.
To prevent human rights violations, laws must be formulated and enforced efficiently, and the situation must be
constantly monitored. Meaning of the word “trafficking” Traffic, according to the Oxford English Dictionary, is “commerce,
especially criminal trade, as in drugs.” Illegal transportation or the movement of persons or goods by road, rail, air, or sea
has also been defined. Human Trafficking: What Does It Mean? The first international
definition of
trafficking
is
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to Prevent, Suppress, and Punish trafficking in individuals, especially women and children, as stated in the United
Nations
Protocol. It
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defines human trafficking as “the recruitment, transportation, transfer, harboring, or receipt of persons for the purpose
of exploitation
through
the threat or use of force or other forms of coercion, fraud, abduction, or deception, abuse of power or vulnerability, or
the giving or receiving of payments or benefits to achieve the consent of a person having control over another person.”
Prostitution
or other types of sexual exploitation, forced labour or services, slavery or practices comparable to slavery, servitude, or
the removal of organs
are all examples of exploitation. However, owing of the problem’s complexity, the term “trafficking” has a broad definition.
“
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The illicit and clandestine movements of persons across national borders, primarily from developing countries and some
countries in transition, with the end goal of forcing women and girls into sexually
or economically
oppressive and exploitative situations for profit of recruiters, traffickers, and crime syndicates,
and other activities, such as forced domestic labor, false marriage,” according to the United Nations General Assembly.
Concept of Child Trafficking Child trafficking is a crime defined by international law as the movement of children for the
purpose of exploitation. Child trafficking can be broken down into the following categories: Child- A child is someone
who is under the age of eighteen. Traffic- Recruitment, transfer, transit, receiving, or harboring by a third person or a
group, whether by force or not. Someone has orchestrated the travel of a kid with the immediate or ultimate goal of the
child’s exploitation, which is known as child trafficking. This could be a transaction in which someone is paid or receives a
benefit in exchange for agreeing to a youngster being exploited. To separate trafficking from other forms of slavery and
slave-like practices, there must be some mobility inside a country or across borders. Traffickers- All those who helped to
the child’s movement and knew that what they did was likely to lead to the child’s exploitation are considered traffickers.
Traffickers include recruiters, brokers, document providers, corrupt officials, employers, exploiters, and transporters.
Definition of Trafficking of Children The term “child trafficking” is defined as “the trafficking
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of children.” “Sale and purchase of children for profit, within the country (intra-country) and across borders (inter-
country), by deception, fraud, or force, resulting in exploitation of the person
trafficked and involvement in the sex trade to be recognized as “sex-workers” and their work to be treated on par with
“industry,” according to the definition of child trafficking. It is critical that child trafficking be regarded as unique and
distinct from adult trafficking.
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Impact of Trafficking The impact of human trafficking on individuals, particularly children, is a mostly ignored topic. The
impact of human trafficking and sexual exploitation is amplified during adolescence. Adolescence is a distinct stage of
growth and transition from childhood to adulthood, marked by profound psychological, hormonal, and emotional
changes. Human trafficking has traumatic psychological, physiological, emotional, and other effects. HIV and AIDS, on the
other hand, are the most alarming causes and consequences of child trafficking. On the one hand, HIV and AIDS increase
the number of children trafficked because there is a higher demand for sex with young girls, who are perceived to be HIV
negative (despite the fact that they are more vulnerable to HIV and AIDS, both biologically and due to their lack of power
to negotiate condom use). On the other hand, human trafficking raises the number of HIV-positive individuals. Apart from
knowing that women and girls are more vulnerable to infection, victims of trafficking are unable to ensure condom use
for their protection; they may be forced to engage in sexual practises that are mostly associated with HIV transmission;
they are forced to have sex with multiple partners; they are victims of injuries (caused by violence during sex against their
will) that increase their vulnerability to infection; their young and immature bodies are more vulnerable to infection; and
their young and immature bodies are more vulnerable to infection.
LITERATURE REVIEW
The majority of the accessible literature on human trafficking is made up of reports from studies, conferences, and
workshops held by international and domestic non-governmental organizations (NGOs). The surge in the number of
active research projects on trafficking in India is due to the recent priority given to trafficking on the world agenda. The
current examination, while not thorough, examines numerous perspectives, arguments, positions, and conclusions on
human trafficking of women and children. It is grouped around the primary issues that emerged from the literature, such
as the definition of trafficking, the many stages of the operation, and anti-trafficking activities in India, while keeping in
mind the Action Research on Child Trafficking’s aims (ARTC). Article 23 of the Indian Constitution outlaws all types of
human trafficking. The Suppression of Immoral Traffic Act of 1956 (amended to the Immoral Traffic Act of 1956) is a law
that prohibits anyone from engaging in illegal traffic.
The Prevention Act) was enacted in 1950 in reaction to India’s acceptance
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of the International Convention on the Suppression of Immoral Traffic and the Exploitation of Others’ Prostitution.
Since the early twentieth century, human trafficking has been a source of worry. During the
1980s, it drew a lot of attention. There has been a recent broadening of its scope. However, there was no autonomous
and persistent mass movement in the country to combat
human trafficking. The United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially
Women and Children,
which
is part of the United Nations Convention against Organized Crime and was adopted in November 2000, “provides the first
internationally recognized” definition of child trafficking in India. The National Human Rights Commission, UNIFEM, and
the Institute for Women’s Rights. Human trafficking, particularly of women and children, is an organized crime that
violates fundamental human rights. Child
trafficking is defined by the Goa Children’s Act 2003 as “the procurement, recruitment, transportation, transfer,
harboring, or receipt of persons, legally or illegally, within or across borders, by threat or use of force or other forms of
coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving or receiving payments or benefits to
achieve the consent of a person having control over another person.”
There are two vulnerable factors responsible for this issue
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1. Structural factor
2. Personal circumstances
Structural Factor
People’s lives become a constant ‘fight for survival’ in environments that lack livelihood options or economic prospects, as
well as the demands to work and earn.
Industrialization and globalization; economic crises, underdevelopment; economic policies such as privatization,
liberalization,
promotion of sex tourism, withdrawal of subsidies, and commercialization of agriculture; the consequent erosion of
subsistence agricultural practises, loss of traditional livelihoods, and inflation
are listed as structural factors influencing and determining these circumstances. Vulnerability is also influenced by labour
demand and policies.
Women and girls are increasingly being hired as service providers
in a global economy, putting them at risk
Following arms and drug
trafficking, human trafficking has been identified as the third major source of
profit for organized crime, producing billions of dollars annually on a global scale. Trafficking occurs for a variety of
reasons, including labor, prostitution, organ trading, drug couriers, and
arms smuggling. These, however, cannot be seen in isolation because they have crosscutting nexus and linkage,
compounding the problem’s restrictions. While the tactics employed for trafficking, such as coercion, duping, enticing,
abducting, kidnapping,
and so on, are frequently emphasized, it is the victims’ social and economic constraints that make them the most
vulnerable.
Contributing causes include the rapid speed of urbanization and increased mobility as a result of the development of
transportation networks. Consumption culture, materialism, individual commoditization, and sexual commercialization
distort family needs and wants discriminatory policies and social exclusion worsen the vulnerability of Scheduled Tribes,
Scheduled Castes, Other Backward Castes, and ethnic minorities, tribal 17 communities, undocumented migrant
labourers, stateless persons, and people in refugee camps, among others.
The study stresses the fact that human trafficking occurs as part of a larger trend of escalating human rights violations
against women.
Personal Circumstances
Almost all research and publications indicated that a large percentage of those trafficked are from lower socioeconomic
levels. The greater the degree of poverty, the greater the chance of being a victim of human trafficking. People with
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disabilities, as well as women who may have “disfigurements,” are at risk. People are vulnerable to trafficking in a
dysfunctional home environment marked by family breakup,
marital discord, physical abuse, sexual abuse, drug use, family pressures,
large families, families facing uncertain times, children in substitute care, gender discrimination within the family,
husbands’ desertion, and husbands’ acquisition of a second or third wife.
Sexual exploitation through sex tourism, child sex tourism, and paedophilia,
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prostitution in pilgrim towns and other tourist attractions, and cross-border trafficking
are just a few of the worrying phenomena that have evolved in recent years.
Process/ Organization of Trafficking
Despite the lack of conceptual clarity in trafficking definitions, there is broad agreement on the steps involved across the
literature reviewed.
Recruitment of people from a village or city; transportation to a predetermined place/transit point; probable relocation
to a central location;
and finally,
the move to their final destination are all listed. Before arriving at their final destination, where the ‘Sale’ takes place, the
trafficked victims may be relocated multiple times.
The many components of this procedure appear to generate an infinite number of permutations and
combinations. As a result, the majority of trafficking research uses case studies to try to capture its nuances. However,
some similarities in these processes can be observed at the regional level.
According to India’s trafficking tendencies, 90% of trafficking occurs within the country (i.e. intrastate and interstate
trafficking), with only 10% occurring over international borders. India is not only a source of human trafficking, but also a
destination and transit country.
Recruitment
Place: People are allegedly recruited at locations such as movie theatres, bus stops, train stations, airports, streets, and
their houses. Cafes, restaurants, beauty contests, and beauty parlours are among the other sites mentioned. State and
national highways, quarries, and building sites are all examples of this.
Time: According to several studies, human traffickers recruit at specific times. They take advantage of difficult times, such
as before harvest or during a drought, when many residents look for alternative sources of income in order to live.
Traffickers also keep track of locations that are exceedingly underprivileged or have experienced natural, economic, or
political calamities.
Methods
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Persuasion, material inducements, befriending, and deceit are among the methods or strategies allegedly utilized, which
range from the severely violent (drugging, kidnapping, and abduction) to persuasion, material inducements, befriending,
and deception. Fake job offers and bogus weddings are used to entice people. It is easy to organize false marriages in the
South Asian region because offers of marriage without dowries are welcomed. Deception by someone was cited by 11.90
percent of respondents in the CSWB study as a reason for entering prostitution. The percentages were 23.15 and 27.2
percent, respectively. Another study found that 11 percent of women were enticed, 11 percent were abducted, and 9.2
percent were sold and resold. Women and girls are approached in groups by traffickers since it is easier for them to gain
their trust. Recent news reports in India have revealed a tendency of human traffickers utilising marriage bureaus,
placement and tutorial services as a cover to entice victims.
Recruiters
Recruiters can be neighbours, family friends, friend relatives, acquaintances who have returned from abroad; women who
have migrated or been trafficked, women friends who have returned
from abroad; spouses, fathers, boyfriends, or loves. Because of their sexual orientation, some recruiters were homosexual
men who were trusted by women. They can be drug dealers, construction site head masons, or even band leads in
dancing/live bars, motorbike pilots (as in Goa) or labour contractors. They either recruit through friends and
acquaintances or by word of mouth. To refer to traffickers, terms like dalal or dalali are used.
Characteristics of Traffickers
Young males and middle-aged women who are much older than the young women and children they recruit are the
most common traffickers. They are locals and agents who travel back and forth from their own countries/regions to
receiving regions and, in most cases, have ties to the villages where the victims live.
Procurers are said to be drug addicts or gamblers.
Many of the traffickers are elderly women who are either former prostitutes or are forced prostitutes themselves, and are
attempting to avoid abuse and bondage by supplying an alternative. These agents frequently speak multiple languages.
They could play a variety of roles.
Players
‘Along the road from acquisition to exploitation,’
trafficking is claimed to involve a variety of players. They’re most commonly found in the context of organised crime.
The police, visa/passport officials, railway/bus authorities and personnel, taxi/auto rickshaw drivers or rickshaw pullers
may all be part of a network. Financiers or investors; procurers or recruiters; organisers; document forgers; corrupt public
officials or protectors; brothel operators and sex facility owners and managers; escorts, guides or travel companions; and
crew members are among the numerous roles. Primary and secondary traffickers were defined by the Department of
Women and Child Development (DWCD) in 1996. The latter are alleged to work behind the scenes, using their ties in
official circles to provide them with safety. The main traffickers are pimps and procurers.
Types of operations People can be trafficked through structured international networks, local trafficking gangs, or by
lone wolves. As a result, traffickers might work alone, in small gangs, or as part of larger criminal organizations.
Movement/ Transportations
‘Trafficking patterns and routes are frequently quite complicated, ranging from intra-country trafficking and cross-border
movements between neighboring nations to intercontinental and globalised trade,’ according to the UN. People who
have been trafficked tend to migrate from less developed to more developed locations. Thus, trafficked women and
children move from South to North or East to West, with the former characterized by poverty and the latter by relative
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affluence; or from countries experiencing economic, social, and political crises to countries that are more socially and
politically stable; or from rural to urban areas.
People have been trafficked from Southeast Asia and South America to the United Kingdom, Italy, and the United States,
among other destinations. They are being relocated to the Middle East as well. There have been reports of human
trafficking from India to Southeast Asia. The main transit zones for international transportation are said to be Delhi and
Mumbai. Nepal and Bangladesh are the two most important suppliers in India. Following the disintegration of the Soviet
Union, news sources claimed that girls from Russia and other CIS nations, such as Uzbekistan, were smuggled into India.
Commercial Sexual Exploitation
The use of human trafficking for the purpose of commercial sexual exploitation has been widely documented and
investigated. Prostitution, pornography and cybersex, and sex tourism are all examples of commercial sexual exploitation.
Prostitution is primarily a commercial phenomenon that is heavily rooted in patriarchal ideals.
It touches on topics of morality, religion, health, and human rights.
Economic exploitation, corruption, and linkages to crime define this industry, which governments find difficult to address.
The expropriation and annihilation of women’s and children’s bodies is crucial to the accumulation of vast amounts of
capital. The most commonly used estimates in India
to indicate the magnitude of prostitution come from a 1990 CSWB survey of six metropolitan cities. According to the
study, there are between 70,000 and 100,000 prostitutes in all of the cities combined. According to another claim, there
are 900,000 prostitutes in the United States.
According to the Indian Association for the Rescue of Fallen Women’s estimates from 1992, India has 8 million brothel
employees and 7.5 million call girls. “All reports suggest a tremendous increase of the number of sexually exploited
children all across the world,”
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the UN Special Reporter on the Sale of Children, Child Prostitution, and Child Pornography
noted in 1996.
Younger girls are also favored since they can work as prostitutes for longer periods of time and earn more money as a
result of their exploitation. Almost every report on prostitution repeats these assumptions and attitudes. The literature
describes various organizational structures and hierarchies, modes of operation, and types of prostitutes. Prostitution is
carried out in rooms, apartments, small hotels, elite clubs, call centres, friendship clubs, beauty and massage parlours, and
along national highways under the pretence of call centres, friendship clubs, and beauty and massage parlours. The term
“flying prostitutes” appears to be gaining popularity. Commercial sexual exploitation takes place in a variety of venues that
are constantly changing. The sharing of earnings is an important aspect of the sex industry.
Prostitution is typically seen among women and girls from the poorest areas of society.
Scheduled Castes and Tribes account for over half of the population, while Other Backward Classes account for 12 to
27%.
According to recent press reports, rich girls are being recruited into the sex trade; married women, too, are being
persuaded into the trade for brief periods of time (two months) with their husbands’ approval.
Protection and assistance: Policies, Programmes and Initiatives
The Department of Women and Child Development (DWCD), which is part of the ministry of human resource
development, is the major government entity in charge of protection and assistance policies and programmes. It is India’s
national focal point for fighting human trafficking of women and children. Each state government has a department that
corresponds to the DWCD. In the Vishal Jeet versus Union of India case,
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the Supreme Court ordered the government to provide care, protection, development, treatment, and rehabilitation
to victims of commercial sexual exploitation, as well as the formation of a central advisory body. In the same year, it was
established, and a national seminar was held. A survey was started by the Central Social Welfare Board, which led to a
national consultation in 1994. Following that, six regional workshops were held to develop solutions including diverse
stakeholders.
National plan: In 1998 a national action plan was formulated by DWCD to combat trafficking and
the commercial sexual exploitation of women.
The plan addressed a number of issues, including prevention, public awareness, economic empowerment, rescue, and
rehabilitation. It had unique concepts, according to Kumarasamy, with the social welfare component being addressed in
depth, from rescue and rehabilitation to education of prostitutes’ children to housing and shelter. She applauds “the
attempt to incorporate psychological counselling as a component of health care” and points out that health services are
properly covered.
The proposal, however, has been criticized for lacking a ‘integrated perspective on intelligence linked to trafficking-
rescue-rehabilitation-reintegration,’ according to critics.
Other flaws include a lack of financial information, a lack of coverage for child pornography, and the likelihood of
implementation bottlenecks. Even if done with good intentions, the idea that children of prostitutes be removed from
their mothers and placed in more healthy circumstances is a “disturbing infringement of the right to family.” The use of’
social monitoring’ to combat trafficking is not recommended, and the report states that “accountable state institutions are
stronger enforcement vehicles than social surveillance.” ‘Laws and procedures for locating and prosecuting traffickers’ are
absent from the proposal.
Statement of problem-
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Human trafficking is a serious crime that violates people's basic rights. For any country, sexual exploitation of minors is
worse than any other crime against children. Article 51A (e) of the Constitution
puts a mandatory obligation on every Indian citizen, stating, "
It shall be the duty of every citizen of India, to reject behaviors insulting to the dignity of women." However, in practice,
India's attitude differs from the spirit of the constitution. Sexual exploitation, bonded labour, begging, drug peddling,
smuggling, forced marriage, and criminality
are all examples of human trafficking.
Legal Provisions
The Indian Constitution provides for the protection of children's interests and ensures that they are protected. It is dealt
with in India's constitution in articles 23 and 24. Article 23 protects
children under the age of 14 from being forced to work in factories, mines, or other dangerous jobs. Article 24 protects
children under the age of 14 from being forced to work in factories, mines, or other hazardous jobs.
Indian Penal Code
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Section 366A- Inducing any underage girl under the age of eighteen to travel to any such area with
the intent to compel or seduce illicit intercourse with another person is a criminal offence.
• Section 366B-Importing any female under the age of twenty-one with the goal of forcing or seducing her into
illicit intercourse with another person is a criminal offence. • Section 374- Punishes anyone who forcibly forces
someone to work against their will. Immoral Traffic (Prevention) Act 1956 The Immoral Traffic (Prevention) Act
of 1956
is the main piece of legislation in place to protect
women and girls from sexual exploitation. Only the Goa Children's Act, 2003, which is a state
legislation, defines the term "trafficking." While the ITPA is the most important piece of legislation relating to the
commercial sexual exploitation of children, it lacks a definition of human
trafficking. Offences specified are: • Keeping a brothel or allowing premises to be used as a brothel • Living on the
earnings of prostitution • Attempting, procuring or taking person for the sake of prostitution • Detaining any person in
premises for prostitution • Prostitution in the vicinity of public places • Seduction of a person in custody
The
question now is whether the situation has improved as a result of all of these laws and regulations. The data suggests
otherwise, as there are a large number of children who have been trafficked by a variety of groups and individuals. The
administration continues to work on a draught
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anti-trafficking bill, pledging to allocate funds to expand police anti-human trafficking units (AHTUs) to all 732 districts.
However, the
administration failed to satisfy the basic requirements in a number of crucial areas. The administration failed to make
meaningful or long-term efforts to solve the country's persistently large human trafficking problem. Anti-trafficking
measures in general, particularly against bonded labour, remained woefully inadequate. The government reduced
trafficker investigations, prosecutions, and case convictions, while the acquittal rate jumped to 83 percent. Law
enforcement attempts to identify victims have dwindled, with
the government reporting that it has only identified only 313,000 bonded labourers since 1976—less than 4% of NGOs'
estimates of at least eight million trafficking victims in India, the
vast majority of whom are bonded labourers.
According to
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NGOs, police did not file FIRs in at least half of reported bound labour cases, and 17
of the 36
states and territories did not identify any bonded labour victims in 2017 or 2018,
which contradicts NGO reports. Authorities did not proactively identify bonded labour victims, and only 43 percent of
those identified by NGOs received mandatory release certificates, while only 26 percent received mandatory
compensation, according to three NGOs working in ten states. Despite the fact that several laws gave judges the authority
to award compensation to victims of human trafficking,
state and district legal offices did not routinely request it or assist victims in filing applications, and less than 1% of victims
identified
between 2010 and 2018 received compensation. As a result, the situation on the ground is radically different, even after
these laws have been passed. There are numerous loopholes in the system, as well as delays in justice, a lack of scientific
evidence, and widespread poverty. Millions of youngsters lack access to education, and as a result, they are forced into
bonded labour and child trafficking in India.
Research Questions
• What are the Child Welfare and Protection Strategies in India?
• What is the current scenario of child trafficking in India?
• Who are the traffickers?
• What are the legal provisions regarding child trafficking in India?
Research Hypothesis
Human trafficking is carried out for a variety of reasons. The most apparent form of this cruel and humiliating trafficking of
women and children is prostitution. At the same time, children are trafficked for labour such as construction work, carpet
industry jobs, domestic work, forcing minors into bonded bondage, begging, marriage, providing jockeys for camel races
in Gulf countries, and pornography, among other things. In other cases, such as marriage or religious prostitution, the
objective and method or cause are inextricably intertwined. The quantity of victims of human trafficking and the purpose
for which they are used are determined by worldwide commerce patterns as well as demand and supply trends in a given
economy. Women's and children's trafficking has become a serious national and international issue. To counteract this
trade, efforts are being made at all levels (legislative, judicial, executive, and social). Human trafficking infringes on
a child's right to grow up in a family setting, exposing him or her to a variety of dangers, including assault and abuse.
The false promise of a rich job and a prosperous life is commonly used to entice children and their families, while some
are kidnapped and sold. Human trafficking has increased dramatically in India over the last few decades, and it is now
considered one of the most illegal businesses, alongside arms and narcotics smuggling. Research Methodology
This study is mostly based on a doctrinal approach. The analysis is based on primary sources such as legislative
enactments, conventions, government decrees, and committee reports. Secondary information was gathered from books
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about child trafficking in India. Further, use of the internet by visiting numerous websites with the aid of various search
engines in order to obtain relevant data from websites all over the world pertinent to the topic of study.
Significance of the study
This research project examines all facets of child trafficking in India. A concerted effort is being made to examine child
trafficking in various parts of India in order to gain a comprehensive picture.
This study will look into all of the measures made by the legislature as well as the court approach to interpreting these
laws in order to prevent child trafficking in India. What are the Child welfare and protection strategies in India? Even the
concept “child welfare” is not straightforward. Child Welfare traditionally referred to a broad range of activities concerned
with children’s well-being.
The majority of public-sector child welfare operations are focused on the problem of child abuse and neglect. When
charges are proven, the agency’s activities are focused on investigating reports and protecting minors. There are few
resources available for dysfunctional families who are not under the jurisdiction of Child Protective Services. There are
minimal supportive resources or treatment choices for these families in many countries. Parents with out-of-control or
defiant children are frequently turned down by agencies. Latency or early teenage children’s services are also restricted. In
disturbed families, chronic multi-problem cases are frequently disregarded. In a nutshell, child welfare is a body of work
that encompasses various concepts such as a child’s overall development, which includes good health, nutritious food, a
clean environment, and equal educational opportunities for all children, as well as freedom of expression, thought, and
association, protection from discrimination, and protection from crime. When the government is obligated by its
operations, these developmental concepts will come to life. These developmental principles will be expanded by world-
accepted ideals, and these values will be constructed in human rights, which will be converted to child welfare with
enactment by world governments. These modifications should be mandated by policymakers, as they will convert
theoretical to practical, i.e., the theory will become practice, and the government will be aided in creating various policies
and programmes for the welfare of children. However, several international organizations and countries throughout the
world have been following these notions and are in the process of developing various policies and programmes for the
total development of children.
Definition of the Child
In India, determining when a person is or is no longer a child is a contentious issue. According to the Indian Census,
children under the age of 14 are required to participate in most government programmes. Childhood is the biological
stage that occurs between infancy and adulthood. According to the UNCRC, “a child” is defined as “any human being
under the age of eighteen years, unless majority is acquired earlier by the law applicable to the child.” This definition of
child permits each countries to set their own age limitations for children under their own laws based on their own
discretion. However, in India, numerous laws pertaining to children describe children as being of varying ages.
According to the Indian Penal Code (IPC) 1860, no kid under the age of seven can be held criminally accountable for an
activity (Sec 82 IPC). The age of criminal culpability is raised to 12 years in cases of mental incapacity or inability to
appreciate the consequences of one’s acts (Sec 83 IPC). To grant sexual permission, a female must be at least 16 years
old, unless she is married, in which case she must be at least fifteen years old. The age limit for protection against
kidnapping, abduction, and other related crimes is sixteen for boys and eighteen for girls.
All children between the ages of 6 and 14 should get free and compulsory education, according to Article 21 (a) of the
Indian Constitution. All children under the age of six shall receive early childhood care and education, according to Article
45. Finally, Article 51(k) specifies that parents/guardians of children aged 6 to 14 should offer them with educational
opportunities.
A child is defined as someone under the age of 14 in the Child Labour (Prohibition and Regulation) Act of 1986. In India,
the Factories Act of 1948 and Child Welfare and Protection Strategies for Plantation Workers.
A child is defined as someone who has not yet reached the age of 15, while an adolescent is someone who has reached
the age of 15 but has not yet reached the age of 18. According to the Child Trafficking in India Act 1951, a child is
someone who has not yet reached the age of 18. Adolescents are allowed to work in factories as long as they are
medically fit, but not for more than four and a half hours each day, according to the Factories Act. A child is defined as
someone under the age of fourteen in both the Motor Transport Workers Act 1961 and the Beedi and Cigar Workers
(Conditions of Employment) Act 1966. The Merchant Shipping Act of 1958 and the Apprentices Act of 1961 do not define
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a kid, but they do specify that a child under the age of 14 is not permitted to work in any of the act’s activities. The Mines
Act of 1952 is the sole labor-related act that defines an adult as someone who has reached the age of 18 (a child being
someone who has not yet reached the age of 18). A male who has not attained majority until he is 21 years old and a girl
who has not reached majority until she is 18 years old are both prohibited from marrying as children under the Prohibition
of Child Marriage Act of 2006. The Indian Majority Act of 1875 established a broad definition of a minor for measures like
the Guardians and Wards Act of 1890. A person who has not attained majority until he or she is 18 years old is considered
a minor under the Indian Majority Act of 1875. The Hindu Minority and Guardianship Act, 1956, as well as the Hindu
Adoption and Maintenance Act, 1956, use this concept of a minor. The age of majority is also 18 under Muslim, Christian,
and Zoroastrian personal law. The first Juvenile Justice Act of 1986 defined a boy child as someone under the age of 16
and a girl child as someone under
the age of 18. The Juvenile Justice (Care and Protection of Children) Act
of 2000 expanded the definition of a child to include anybody under the age of 18. Many people believe that the definition
of kid included in the Juvenile Justice Act of 2000 should be considered the legal definition of a child in all circumstances
because of its umbrella clauses and because it is the most recent statute established regarding child rights and safety.
Child Rights Children’s rights are the human rights of children, with special attention to the rights of special protection
and care afforded to minors, including their right to associate with both parents, human identity, and basic food needs,
universal state-funded education, health care, and criminal laws appropriate for the child’s age and development, equal
protection of the child’s civil rights, and freedom from discrimination on the basis of a child’s race, ethnicity, or religion.
Children’s rights are interpreted in a variety of ways, from granting autonomy to ensuring that children are not abused
physically, mentally, or emotionally, albeit what constitutes “abuse” is a point of contention. The rights to care and
nurturing are among the other definitions.
The Recognition of the Rights of the Children
With the ratification of the Geneva Declaration in 1924, children’s rights were acknowledged after World War I. With the
ratification of the Declaration of Children’s Rights in 1959, the UN continued the process of recognizing children’s rights.
The adoption of the International Convention on the Rights of the Child, the first international legally binding instrument
recognizing all of the child’s fundamental rights, made the recognition of the child’s interests and rights a reality on
November 20, 1989.
Children’s Rights: Human Rights The rights of children are human rights. They safeguard the child’s rights as a human
being. Children’s rights are constituted by fundamental guarantees and important human rights as human rights:
• Children’s rights recognize fundamental guarantees to all human beings, including the right to life, the principle of non-
discrimination, and the right to dignity through the protection of physical and mental integrity (protection from slavery,
torture, and other ill-treatment, among other things). • Civil and political rights for children include the right to
identification and the right to nationality, etc. • Children’s rights include economic, social, and cultural rights such as the
right to an education, a fair standard of life, and health care, among others. • Individual rights of children include the right
to live with his parents, the right to an education, the right to protection, and so on. • Collective rights for children include
rights for refugee and disabled children, children from minority communities, and children from autochthonous groups.
Children’s Rights: Rights Adoptive to Children Children’s rights are human rights that are tailored to the needs of children,
taking into account their fragility, uniqueness, and age-appropriate requirements. Children’s rights take into mind the
child’s need for development. As a result, children have the right to live and develop physically and mentally in a healthy
manner. The plan for children’s rights is to meet the essential needs for a child’s healthy growth, such as access to enough
nutrition, necessary care, education, and so on.
Children’s rights take into account the child’s vulnerability. They imply that they must be protected. It entails providing
them with special help and protection that is tailored to their age and level of maturity. As a result, the youngsters must be
assisted and supported, as well as safeguarded against labour exploitation, kidnapping, and ill-treatment, among other
things. Content of the Declaration of the rights of the child
The child is acknowledged, globally, as a human being who must be able to develop physically, mentally, socially, morally,
and spiritually, with freedom and dignity. However, neither the Geneva Declaration of 1924 nor the Declaration of the
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Rights of the Child of 1959 define when childhood begins and ends, ostensibly to avoid taking a position on abortion.
Nonetheless, the Declaration on the Rights of the Child’s Preamble emphasises the importance of specific care and
protection for children, “including proper legal protection, both before and after birth.” The 10 principles of the
Declaration of the Rights of the Child are enshrined in the Declaration of the Rights of the Child. • Non-discrimination. •
Special protection, opportunity, and facilities to develop physically, cognitively, morally, spiritually, and socially in a healthy
and normal manner, in conditions of freedom and dignity. The right to a name and nationality. • The right to proper
nutrition, as well as the right to social security
• Housing, recreation, and medical services. • Special treatment, education, and care for differently-abled children. • The
need for love and understanding so that the child grows up in the care and responsibility of his or her parents, in an
atmosphere of affection and moral and material security. • Entitlement to education, which should be free and
compulsory, at least in the elementary stages. • In all circumstances, the child should be among the first to receive
protection and relief. • Protection from all sorts of abuse, cruelty, and exploitation, including abuse in the workplace;
protection from practises that promote racial, religious, and other forms of discrimination.
The UN General Assembly adopted the Convention on the Rights of the Child in 1989. With one major exception, it
became international law on September 2, 1990 in New York. Only 140 countries accepted and signed on 20 ratification
conditions at this summit, which drew 193 countries.
According to the Convention, every child has- Survival • All children have the right to live, to have a name and nationality,
and to spend as much time as possible with their families. When it comes to adopting a kid, the most crucial
consideration for adults is what is best for the child. • All children have the right to high-quality health care, including
particular attention if they have disabilities, as well as clean water, nutritious food, and a safe environment in which to
grow up. The government should assist families in providing all of these things. Development
• All children have the right to a free, quality education up to the primary level.
• Schools should be places where children are treated with dignity and respect. Children should be able to express
themselves and develop their talents.
• All children have the right to learn and practise their family’s language and customs. • Every child has the right to unwind
and play. • The government has a responsibility to safeguard children from hazardous or developmental work. Protection
• Every child should be safe from abuse and neglect. • Children must be safeguarded from sexual abuse and the use of
harmful drugs. • The government must prevent children from being kidnapped and sold. • Children who may have
breached the law should not be punished harshly, but instead should be assisted by adults. • Special attention should be
given to children in war zones and those who have been neglected or abused. Participation
• When adults make decisions regarding them, all children have the right to speak what they think. Adults must pay
attention to and consider what youngsters are saying. • Children have the right to read books, watch television, listen to
the radio, and read newspapers. • Children have the right to think and believe anything they wish, as well as to follow their
religion, and parents and other adults should lead them in this regard. • Children have the freedom to gather in groups
and organizations, as long as they do not cause harm to themselves or others. The United States of America signed but
did not ratify the Charter. There are 54 articles in the Convention which addresses children’s basic human rights
worldwide. 1. the right to life; 2. the right to complete development; 3. protection against harmful influences, abuse, and
exploitation; and 4. the right to actively engage in family, cultural, and social life.
The UN Convention on the Rights of the Child (also known as the CRC, CROC, or UNCRC) is a human rights document
that establishes children’s civil, political, economic, social, health, and cultural rights. A child is defined under the
Convention as any person under the age of eighteen, unless the age of majority is reached earlier under a state’s own
domestic legislation. By international law, nations who ratify this convention are bound by it. The UN Committee on the
Rights of the Child, which is made up of members from all across the world, keeps track of compliance. The Committee
submits a report to the United Nations General Assembly’s Third Committee once a year, which also receives a statement
from the CRC Chair, and the Assembly, passes a Resolution on the Rights of the Child. Governments of countries that
have signed the Convention are expected to report to and appear before the UN Committee on the Rights of the Child on
a regular basis to be evaluated on their progress in implementing the Convention and the status of children’s rights in their
nation. On November 20, 1989 (the 30th anniversary of the UN Declaration of the Rights of the Child), the UN General
Assembly adopted the Convention and opened it for signature. After being approved by the required number of countries,
it entered into force on September 2, 1990. It now has 193 signatories, including all United Nations members except
Somalia, South Sudan, and the United States. In late 2009, Somalia’s cabinet ministers indicated their intention to ratify the
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treaty. On May 25, 2000, two optional protocols were adopted. The First Optional Protocol outlaws the use of children in
military conflicts, while the Second Optional Protocol prohibits the sale, prostitution, and pornography of children. More
than 150 countries have accepted both treaties. In December 2011, a third optional protocol relating to complaint
communication was adopted and opened for signature on February 28, 2012. The Convention addresses the needs and
rights of children. It mandates that governments behave in the best interests of children. This differs from the common
law approach used in many nations in the past, which considered children as possessions or chattels whose ownership
was occasionally disputed in family disputes.
Safeguards for children in India
The Indian Constitution is the first step toward ensuring that children’s rights are respected. As listed below, there are a
number of articles that cover specific children’s requirements. The articles are separated into two groups: Fundamental
Rights and State Policy Directive Principles Fundamental Rights are negatives that prevent nations from doing things that
are justifiable in a court of law. If a statute infringes on a fundamental right, the courts must declare it unconstitutional.
Directive principles are recommendations to states that cannot be justified in a court of law. In India, the Constitutional
and Legal Safeguards for Children state the following: Fundamental Rights
• Article 14: No individual in India’s territory will be denied equality before the law or the equal protection of the laws. •
Article 15(3): No citizen shall be discriminated against by the state. This Article does not exclude the State from providing
specific arrangements for women and children. • Article 17: “Untouchability” is outlawed, and any form of it is prohibited. •
Article 19 (1): Guarantees citizens of India the freedom of speech and expression, the right to organize associations or
unions, and the ability to freely move around India’s territory, among other things. Child labour is forbidden only in
factories, mines, and other hazardous occupations under Indian law; thus, there is no blanket restriction on the
employment of children. Despite the fact that youngsters labour, they are not allowed to organize unions or fight for their
rights as workers. • Article 21: No one’s life or personal liberty may be taken away unless in accordance with legal
procedures.
Article 21 A: The State shall provide free and compulsory education to all children
aged 6 to 14 years in the manner determined by the State by legislation. • Article 22: Establishes safeguards in the event of
an arrest, stating that a person should be brought before the nearest Magistrate within 24 hours after being detained.
Within 24 hours of being apprehended by the police, a juvenile in violation of the
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law or a child in need of care and protection
should be brought before the Competent Authority created under the Juvenile Justice (Care and Protection of Children)
Act 2000. • Article 23: Human trafficking, beggary, and other types of forced labour are forbidden, and any violation of this
article is a crime punishable according to the law. •
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Article 24: No kid under the age of 14 years old shall be employed in any industry, mine, or other hazardous occupation.
• Article 32:
This article gives the Supreme Court the authority to intervene to enforce constitutional rights Directive Principles • Article
38: The government must make every effort to remove inequities in facilities and opportunities. • Article 39(e) and (f) state
that the state shall direct its policy towards ensuring
that “
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the health and strength of workers, men and women, and the tender age of children are not abused” and that “the
citizens are not forced by economic necessity to enter avocations unsuited to their age or strength”
and that “
the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and
dignity” . •
Article 41: The state must take steps to ensure that educational opportunities and facilities are available. • Article 44: The
state must make every effort to ensure that all citizens have access to a consistent civil code. A universal civil code entails
a unified legal framework for child adoption that is applicable to people of all faiths. • Article 45- The State shall make
every effort to provide all children with early childhood care and education until they reach the age of fourteen. • Article
47- Raising the quality of nutrition and the standard of life of its citizens, as well as improving public health, are among the
state’s primary responsibilities. • 51 (C): The State is required to comply with international law and treaty obligations. The
Indian government and state governments are bound
by the obligations made under
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the United Nations Convention on the Rights of the Child. • Article 51:
The State shall make every effort to (c) promote international law and treaty commitments.
• Article 51A: (k) a parent or guardian must provide educational opportunities to his or her child or ward between the ages
of 6 and 14.
Current Scenario of Child
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Trafficking in India The Indian government does not entirely achieve the minimal standards for the elimination of human
trafficking, although it is working hard to do so. Given the impact of the
COVID-19 epidemic on India’s anti-trafficking
capacity,
the government indicated generally increased efforts compared to the previous reporting period; however, India
remained on Tier 2.
More victims were identified, and more cases of human trafficking were investigated and prosecuted as a result of these
efforts.
The government allocated funding to strengthen existing and establish new Anti-Human Trafficking Units (AHTUs)
across the country
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in response to increased vulnerabilities to trafficking as a result of the pandemic,
and
media reported that railway and transit police increased patrolling of transportation hubs to prevent and intercept
perpetrators and victims of human trafficking. The government
provided financing to set up “
women help desks” in 10,000 police stations across the country, facilitating services for crime victims, including human
trafficking
victims. During the pandemic,
Indian courts expanded the use of video testimony for trafficking victims.
Some governments went above and beyond by developing standard operating procedures (SOPs) for identifying bonded
labour victims and providing bonded labour victims the greatest amount of compensation allowed by law. The
government, on the other hand, failed to achieve the basic requirements in a number of areas. Anti-trafficking measures
in general, particularly
against bonded labour, remained woefully inadequate. Fewer convictions were obtained by the government, while the
acquittal rate for drug traffickers remained high at 73 percent. Official complicity in
human trafficking remained a concern, with no indictments or convictions reported by the government. Despite an
increase in victim identifications, law enforcement identified a disproportionately small number of victims in comparison
to
the extent of the problem, with some organizations estimating eight million trafficking victims in India. Efforts to inspect
government-run or -funded shelters were ineffective, and substantial flaws in victim safeguards, particularly for children,
went ignored. Many victims waited years
for compensation imposed by the federal government, and state and district legal offices frequently failed to request
compensation or help victims in filing petitions. Prosecution The government strengthened anti-trafficking law
enforcement efforts slightly, but they were still insufficient in comparison to the scope of the problem. Sex trafficking and
other kinds of labour trafficking are now illegal in India. Trafficking charges including exploitation were criminalized under
Section 370 of the Indian Penal Code (IPC), which encompassed any act of physical exploitation or any type of sexual
exploitation, slavery or practises similar to slavery, and servitude. The law
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makes no mention of labour trafficking. For offences involving an adult victim, Section 370 imposed penalties ranging
from seven to ten years in prison and a fine, and for offences involving a child victim, penalties ranging from ten years to
life in prison and a fine;
these penalties were sufficiently severe and, in the case of sex trafficking, comparable to those imposed for other
serious crimes such as kidnapping. Section 370 needed a proof of force, fraud, or compulsion to constitute a child sex
trafficking
violation, which was inconsistent with international law
and did not prohibit all forms of child sex trafficking. Sections 372 and 373 of the IPC, on the
other hand, made it illegal to exploit
children through prostitution without requiring proof of such methods, bridging this gap. These sections imposed
penalties of up to ten years in jail and a fine that were sufficiently severe and comparable to those imposed for other
major crimes like kidnapping. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Bonded
Labor System (Abolition) Act (BLSA)
both made bonded labour illegal, with
penalties of up to five years in prison and three years in prison, respectively. The sanctions imposed by the BLSA were
insufficiently severe. Police continued to file trafficking cases under the Juvenile Justice Act and other sections of the
IPC, which criminalized many forms of forced labour; however, these provisions were inconsistently enforced, and
some of the penalties prescribed were insufficiently severe, allowing only fines or short prison sentences. Other
legislation, such as the Protection of Children from Sexual Offenses Act (POCSO) and the Immoral Traffic Prevention Act
(ITPA),
made sex trafficking crimes illegal. Section 83 (1) of the Juvenile Justice Act makes it illegal for non-state armed groups to
recruit children under the age of 18. With the dissolution
of the lower house in 2019, a draught anti-trafficking measure from 2018 lapsed. At the end of the reporting period, the
government was working on a revised law that had yet to be presented to Parliament.
Protection
Overall victim identification and protection efforts were maintained by the government, but bonded labourer
identification and protection remained poor. The government recorded 5,145 trafficking victims and 2,505 prospective
victims in 2019, up from 3,946 trafficking victims and 1,625 potential victims in 2018. Officials identified 3,133 victims of
labour trafficking in 2019, including 1,549 victims of bonded labour and 2,012 victims of sex trafficking. Of the 2,505
prospective victims identified, authorities
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did not identify the form of trafficking. Ninety-four percent of trafficking victims were Indian, about 57 percent were
adults, and 62 percent were female,
according to the report. Despite estimates that there are eight million
Indians trapped in bonded labour, the Ministry of Labor and Employment revealed to Parliament in 2019 that the
government had only found and
liberated 313,687 people since 1976. Furthermore,
one NGO working in ten states found that more than 60% of released victims were subjected to bonded labour again
after their release
due to a lack of law enforcement operations against traffickers. The states of
Karnataka, Tamil Nadu, and Uttar Pradesh, where some authorities may be more
aggressive in combating bonded labour, accounted for the majority of bonded labour victims identified, accounting for
130,249
and 964 victims, respectively, accounting for 87 percent of the country’s total identification of bonded labour victims.
In 2009, the MHA established standard protocols for identifying trafficking victims, although it was unclear how many
states had embraced them. Despite the fact that state tax officers were responsible for discovering bonded labour victims,
the majority of cases were discovered by NGOs.
Trafficking investigations and victims’ capacity to seek services, including involvement in civil and criminal trials in their
home states,
were hampered by a lack of inter-state coordination between state government authorities.
The Ministry of Women and Child Development (MWCD) has continued to fund several broad national child protection
measures, such as a children’s hotline
and a system to locate missing children and remove them from exploitation or dangerous situations. During the
reporting year, state and municipal officials
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concentrated their efforts on containing the spread of COVID-19, which resulted in a reduction in certain “raid and
rescue” operations. In 2020, however, the media claimed that railway and transit police enhanced patrols of transportation
hubs to deter and intercept human trafficking criminals and victims. The government did not say how many victims of
human trafficking it helped or directed to care. For juvenile and adult female trafficking victims, the government provided
refuge and services; however the quality, consistency, and availability varied. Except for bonded labour victims, police
might submit
all adult and child trafficking victims to state courts and CWCs to determine suitable care. CWCs typically reunited child
trafficking victims with their parents, some of whom had
participated in the trafficking of
their children. When CWCs did refer child trafficking victims for care, they were placed in privately managed shelters,
government-run juvenile justice institutions (some of which housed child victims with minors accused of crimes), or
government-run women and children’s homes, some of which had previously tolerated abuse. While it was reported
that judges could send bonded labour victims to care, there were no evidence that this was done in practice. Judges
could force all adult trafficking victims recognized under the ITPA
to
stay in government or non-governmental organization-run shelters for up to three weeks, and victims who were
witnesses or victims in an ongoing judicial action could not leave without a magistrate’s order. Adult male shelters were
neither operated nor funded by the government.
Shelters maintained by the government and sponsored by the government were inadequate, with severe shortages of
space, financial resources, and skilled employees. Although some got government financing, NGOs mostly relied on
donor contributions.
Through the Ujjawala programme for female sex trafficking victims (which now has 136 shelters, up from 134 in 2019)
and the Swadhar Greh programme for women in
challenging situations,
MWCD continued to offer state governments with financing for NGO and government-run shelter and rehabilitation (
operating 417 shelters, compared to 514 in 2018). In the 2020-2021 budget, the federal government committed 250
million INR ($3.42 million) to the Swadhar Greh and Ujjawala
programmes, but there were no separate appropriations for the 2021-2022 budget. For female victims of all crimes,
including sex trafficking, MWCD operated One-Stop Centers (OSCs).
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Prevention
Anti-trafficking policies differed a lot from jurisdiction to state.
Although NGOs stated that local officials, migrant workers, and agricultural employees were typically unaware of human
trafficking and their legal rights,
several state governments undertook anti-trafficking information efforts. To commemorate the 50th anniversary of the
BLSA’s formulation,
the governments of Karnataka and Tamil Nadu declared February 9, 2021, “Anti Bonded Labor Day,”
and boosted public awareness initiatives about bonded labour during the reporting year.
During the reporting period, officials and NGOs indicated that pandemic-related limitations on public gatherings
severely hampered local and state governments’ capacity to initiate new awareness programmes or continue current
ones. Following the
initial pandemic-related lockdown, several state governments suspended or changed labour restrictions in order to
increase economic activity. Higher maximum work hours for specific industries, lower social security payments, the
suspension of industrial dispute procedures, and the suspension of the right to strike
were among the measures. The modifications were challenged by labour unions and labour advocates, who noted that
they could have a harmful impact on vulnerable groups.
The eMigrate system was used by
the government to register foreign recruitment organizations and Indian migrant labourers. The government required
migrant workers travelling to 16 particular countries to obtain emigration approval before leaving; however, emigration
to Iraq
was not permitted. In 17 countries, predominantly Gulf states,
the government maintained its restriction on females younger than 30 and older than 50 from working.
Any prohibition on migration, according to the UN and civil society, increased the chance of illicit movement and
increased vulnerability to traffickers. MEA provided counselling and other support to persons seeking migrant work
through five nationwide centres and a 24-hour helpline.
Prioritized Recommendations • Increase the number of investigations, prosecutions, and convictions for human
trafficking in all forms, including bonded labour. • Conduct thorough investigations into allegations of official complicity in
human trafficking and punish offenders to lengthy jail sentences. • Conduct a criminal investigation into any reports of
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bonded labour. • Create and implement regular shelter monitoring systems to assure proper care, and rapidly disburse
funds to shelters that fulfill official care standards. • Improve the clarity of
central and state government mandates for and implementation of protection programmes and compensation
schemes for trafficking victims, particularly minors, so that states give quick release certificates, compensation, and
non-cash benefits to all victims. • Urge prosecutors to request and judges to grant trafficking victim compensation on a
regular basis, and legal aid offices to inform trafficking victims of various compensation mechanisms
on a regular basis. • Encourage states and territories to follow
the Supreme Court’s suggestion that all government-run and funded shelter homes be audited. • Stop punishing victims
of human trafficking. • Decouple the overall victim compensation provision of the 2016
bonded labour plan from the trafficker’s conviction. • Stop detaining adult victims
of human trafficking in government-run and -funded facilities. • Strengthen current AHTUs by increasing financing and
employee training, and guarantee that newly established AHTUs are fully functional. • .Continue to distribute and
implement standard operating procedures for
identifying and referring victims, as well as educating officials on how to use them. • Amend Section 370 of the Penal
Code to include labour trafficking in the definition of
trafficking, and ensure that no force, deception, or coercion is required to prove a child sex trafficking offence. • All
worker recruitment fees should be abolished. • Improve monitoring and rights for workers in the informal economy,
especially those who work from home. • Lift female migration restrictions through agreements with destination nations
that protect Indian workers from human trafficking. • Update and implement a national
trafficking action plan. • Provide diplomatic personnel with anti-trafficking training.
Legal Provisions Regarding the Child Trafficking in India
Human trafficking is prohibited by India’s Constitution, which is the country’s fundamental law. “Traffic in human people,
as well as begging and other similar forms of forced labour,” according to Article 23 of the Constitution. Article 24 also
forbids the employment of children under the age of 14 in factories, mines, or other hazardous jobs. Article 14 related to
equality before the law and
Article 15 prohibiting discrimination on the basis of religion, race, caste, sex, or place of birth
are two more fundamental rights entrenched in the Constitution that are important to human trafficking. Articles 21 and
22 involve the preservation of life and personal liberty, as well as the prohibition of arrest and detention, save in certain
circumstances. The Constitution’s Directive Principles of State Policy are also important, particularly Article 39, which
states categorically
that men
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and women should have the right to an adequate means of livelihood and equal pay for equal work;
that men, women, and children should not be forced into unsuitable vocations by economic necessity; and that children
and youth should be protected from exploitation. Furthermore, Article 39A mandates the judicial system to ensure that no
citizen’s right to justice is denied due to economic or other limitations. Furthermore, Article 43 specifies that all workers
shall be paid a livable wage and work conditions should be enough to ensure a fair standard of living. The Government of
India’s commitment to addressing the problem of human trafficking is reflected in a number of laws/legislations and
policy documents.
Kidnapping, abduction, buying or selling a person for slavery/labour, buying or selling a minor for prostitution,
importing/procuring a minor girl, rape, and other crimes are all covered by the Indian Penal Code, which has over 20 laws
pertaining to human trafficking.
The Immoral Traffic (Prevention) Act, 1956 (ITPA), formerly known as the “Suppression of Immoral Traffic in Women and
Girls Act, 1956,” is India’s primary legal weapon for preventing and combating human trafficking.
However, until now, its primary goal has been to prevent/end
trafficking in women and girls for the purpose of prostitution as a legitimate source of income. The Act criminalizes the
trade’s procurers, traffickers, and profiteers,
although it makes no mention of ‘human trafficking’ per se. By issuing landmark rulings in “Public Interest Litigations,” the
judiciary has also played a key role in preventing and combating human trafficking.
In Vishal Jeet v. Union of India, The Supreme Court
tackles some of the most important issues surrounding child sexual exploitation. As a result, it has been seen that many
impoverished youngsters and girls in their prime years of life are dragged to the “meat market” and forcibly pushed into
“flesh trade,” which is carried out in flagrant violation of all canons of morality, decency, and humanity’s dignity. In Gaurav
Jain v UOI The Supreme Court of India ruled that children of prostitutes have the right to equal opportunity, dignity, care,
protection, and rehabilitation so that they can participate in mainstream social life without stigma. The Court ordered the
formation of a committee to develop and implement a plan for the rehabilitation of such children and child prostitutes, as
well as the production of a periodic report by its Registry. In Sakshi v UOI The Supreme Court of India urged the Law
Commission to address various critical problems surrounding sexual abuse of children raised by the petitioner, as well as
the viability of amending sections 375 and 376 of the Indian Penal Code.
The Protection of Child from Sexual Offence Act, 2012 (POCSO) was enacted after much controversy to protect male and
female children from all forms of sexual abuse. Punishments under these Acts are: Penetrative Sexual Assault (Section 3) -
Minimum sentence of seven years, with the possibility of life imprisonment and a fine (Section 4).
• Aggravated Penetrative Sexual Assault (Section 5) - Not less than ten years in jail, with the possibility of life imprisonment,
and a fine (Section 6) • Sexual Assault (Section 7) - Minimum sentence of three years, with a maximum sentence of five
years and a fine (Section 8) • Aggravated Sexual Assault (Section 9) - Minimum sentence of five years, with a maximum
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sentence of seven years and a fine (Section 10) • Child Sexual Harassment (Section 11) - three years in prison and a fine
(Section12) • Using a child for pornographic purposes is illegal (Section 13) - Five years in prison and a fine, plus seven
years in prison and a fine if convicted again (Section 14 (1)).
The Act establishes Special Courts for the trial of offences against the Act, with the best interests of the child placed first at
all stages of the legal process. The Act includes processes for reporting, documenting evidence, investigating, and trying
offenders that are child-friendly. These are some of them: • Recording the kid’s statement at his home or at a location of
his choice, preferably by a female police officer not below the level of sub-inspector. • No child to be detained in the
police station at night for any reason. • During the recording of the child’s statement, the police officer must not be in
uniform. • The child’s statement must be recorded exactly as it was uttered by the child. • Assistance from an interpreter,
translator, or expert, depending on the child’s needs. • If the child is impaired, a special educator or someone who is
familiar with the child’s communication style can help. • Medical examination of the child in the presence of the child’s
parent or any other person in whom the child has trust and faith. • If the victim is a girl, the medical examination must be
performed by a woman doctor. • During the trial, the youngster should be given frequent pauses and should not be
summoned to testify more than once. • There will be no aggressive interrogation or character assassination of the
youngster. • Cases will be heard in private.
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Hit and source - focused comparison, Side by Side
Submitted text As student entered the text in the submitted document.
Matching text As the text appears in the source.
1/88 SUBMITTED TEXT 14 WORDS 100% MATCHING TEXT 14 WORDS
commodities from one person to another for an commodities from one person to another for an
equivalent in goods or money equivalent in goods or money.
https://doczz.net/doc/2875219/law-mantra-think-beyond-others
a child’s right to grow up in a family setting, exposing him a child‟s right to grow up in a family environment and
or her to a variety of dangers, including assault and abuse. exposes him or her to a range of dangers, including
violence and sexual abuse.
https://nomadit.co.uk/conference/iuaes2013/view/paper-download/paper/11283
to Prevent, Suppress, and Punish trafficking in individuals, to Prevent, Suppress and Punish Trafficking in Persons,
especially women and children, as stated in the United Especially Women and Children, a protocol the
Nations United Nations
https://medcraveonline.com/JHAAS/human-rights-and-trafficking-in-women-and-children-in-india.html
defines human trafficking as “the recruitment, defines trafficking as the "recruitment, transportation,
transportation, transfer, harboring, or receipt of persons transfer, harboring and/or receipt" of a for the
for the purpose of exploitation purpose of exploitation.[1]
https://en.wikipedia.org/wiki/Trafficking_of_children
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the threat or use of force or other forms of coercion, the threat or use of force or other forms of coercion, of
fraud, abduction, or deception, abuse of power or abduction, of of deception, of abuse of power or of a
vulnerability, or the giving or receiving of payments or position of vulnerability, or the giving or receiving of
benefits to achieve the consent of a person having control payments or benefits to achieve the consent of a person
over another person.” having control over another person,
or other types of sexual exploitation, forced labour or or other forms of sexual exploitation, forced labour or
services, slavery or practices comparable to slavery, services, slavery or practices similar to slavery, servitude or
servitude, or the removal of organs the removal of organs.
The illicit and clandestine movements of persons across the: 32 “illicit and clandestine movement of persons
national borders, primarily from developing countries and across national and internationalborder for slavery from
some countries in transition, with the end goal of forcing developing countries and some countries with
women and girls into sexually economiesin transition, with the end goal of forcing
women and children into sexually
https://ssb.gov.in/WriteReadData/LINKS/Final%20Vision%20Docs8740ab3e-2462-42ea-9a64-adf9cedca5e8.pdf
oppressive and exploitative situations for profit of oppressive and exploitative situations for the profit of
recruiters, traffickers, and crime syndicates, recruiters,traffickers and crime syndicates,
of children.” “Sale and purchase of children for profit, of children as: “Sale and purchase of children for gain,
within the country (intra-country) and across borders within the country (intra-country) and across borders
(inter-country), by deception, fraud, or force, resulting in (inter-country), by deceit, fraud or force, resulting in
exploitation of the person exploitation of the person
http://haqcrc.org/wp-content/uploads/2016/06/child-trafficking-in-india-report.pdf
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of the International Convention on the Suppression of of the International Convention for the Suppression of
Immoral Traffic and the Exploitation of Others’ Immoral Traffic in Person and the Exploitation of the
Prostitution. Prostitution
https://wcd.nic.in/sites/default/files/RESEARCH%20PROJECT%20REPORT_0.pdf
human trafficking. The United Nations Protocol to Human Trafficking The United Nations “Protocol to
Prevent, Suppress, and Punish Trafficking in Persons, Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, Especially Women and Children,
trafficking is defined by the Goa Children’s Act 2003 as trafficking is available in the Goa Children‟s Act 2003. The
“the procurement, recruitment, transportation, transfer, definition is comprehensive. Under section 2 (z), “child
harboring, or receipt of persons, legally or illegally, within trafficking” the procurement, recruitment, transportation,
or across borders, by threat or use of force or other forms transfer, harbouring or receipt of persons, legally or
of coercion, abduction, fraud, deception, abuse of power illegally, within or across borders, by means threat or use
or vulnerability, or giving or receiving payments or of force or other forms of of abduction, of fraud, of
benefits to achieve the consent of a person having control deception, of abuse of power or of a position of
over another person.” vulnerability or of giving or receiving payments or benefits
to achieve the consent of a person having control over
another person,
promotion of sex tourism, withdrawal of subsidies, and promotion of sex tourism, withdrawal of subsidies and
commercialization of agriculture; the consequent erosion commercialisation of agriculture, the consequent erosion
of subsistence agricultural practises, loss of traditional of subsistence agricultural practices, loss of traditional
livelihoods, and inflation livelihoods and inflation.
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Women and girls are increasingly being hired as service women and girls are increasingly being hired as service
providers providers
trafficking, human trafficking has been identified as the TRAFFICKING Human trafficking has been identified as the
third major source of third largest source of
arms smuggling. These, however, cannot be seen in arms smuggling etc. However, these cannot be seen in
isolation because they have crosscutting nexus and isolation as they havea crosscutting nexus and linkage,
linkage, compounding the problem’s restrictions. While which compounds the constraints facedin tackling the
the tactics employed for trafficking, such as coercion, problem. It also seen while the methods used for
duping, enticing, abducting, kidnapping, trafficking such as coercion, duping, luring, abducting,
kidnapping
marital discord, physical abuse, sexual abuse, drug use, marital discord, physical abuse, sexual abuse, drug use,
family pressures, family pressures,
prostitution in pilgrim towns and other tourist attractions, prostitution in pilgrim towns and other tourist destinations
and cross-border trafficking and cross-border trafficking.
http://ijlljs.in/wp-content/uploads/2015/04/Human-Trafficking-A-Basic-Right-to-Live-with-Human-Di ...
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Recruitment of people from a village or city; recruitment of people from a village or city; transportation
transportation to a predetermined place/transit point; to a designated location/transit point;possible shift to a
probable relocation to a central location; central location;
the move to their final destination are all listed. Before the move to their ultimate destination. Sometimes
arriving at their final destination, where the ‘Sale’ takes thetrafficked persons are shifted several times before they
place, the arrive at their final destination, where the‘sale’ takes place.
The
trafficking is claimed to involve a variety of players. Trafficking is said to involve a range of players ‘along the
They’re most commonly found in the context of road from acquisition to exploitation304. They are
organised crime. The police, visa/passport officials, generally found in the context of organised trafficking.
railway/bus authorities and personnel, taxi/auto rickshaw Networks may involve the police, visa/passport officials,
drivers or rickshaw pullers railway/bus authorities and employees, taxi/auto rickshaw
drivers or rickshaw pullers 305.
Types of operations People can be trafficked through TYPES OF OPERATIONS379 People can be trafficked via
structured international networks, local trafficking gangs, organised international networks, through local trafficking
or by rings or by
the UN Special Reporter on the Sale of Children, Child the UN Special on the Sale of Children, Child
Prostitution, and Child Pornography Prostitution and Child Pornography, “
https://hal.archives-ouvertes.fr/file/index/docid/1048590/filename/CHOUVY_FINAL_Illegal_trades.doc
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the Supreme Court ordered the government to provide the Supreme Court directed the government to ensure
care, protection, development, treatment, and care, protection, development treatment and
rehabilitation rehabilitation
Human trafficking is a serious crime that violates people's Human trafficking is a serious crime and grave violation of
basic rights. For any country, sexual exploitation of minors human rights. Sexual exploitation of the children for any
is worse than any other crime against children. Article 51A country is worst than any other offence against the
(e) of the Constitution children. Article 51A (e) of the Constitution
https://blog.ipleaders.in/human-trafficking/
It shall be the duty of every citizen of India, to reject It shall be the duty of every citizen of India, to renounce
behaviors insulting to the dignity of women." However, in practices derogatory to the dignity of women”. But, in
practice, India's attitude differs from the spirit of the practice the position is different from the spirit of the
constitution. Sexual exploitation, bonded labour, begging, constitution in India. Human can be Sexual exploitation •
drug peddling, smuggling, forced marriage, and Bonded Labour • Domestic servitude • Begging • Drug
criminality peddling/smuggling • Forced marriage • Forced
criminality •
Section 366A- Inducing any underage girl under the age Section 366A- Inducing any minor girl under the age of
of eighteen to travel to any such area with eighteen years to go to any such place with
illicit intercourse with another person is a criminal illicit intercourse with another person is a punishable
offence. • Section 374- Punishes anyone who forcibly offence. • Section 374- Punishes person who for
forces someone to work against their will. Immoral Traffic unlawfully compels any person to labour against his will.
(Prevention) Act 1956 The Immoral Traffic (Prevention) Act Immoral Traffic (Prevention) Act 1956 The Immoral Traffic
(Prevention) Act, 1956
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women and girls from sexual exploitation. Only the Goa women and girls. The word “Trafficking” is defined only by
Children's Act, 2003, which is a state the Goa Children’s Act, 2003, which is a state
trafficking. Offences specified are: • Keeping a brothel or trafficking. Offences specified are: • Keeping a brother or
allowing premises to be used as a brothel • Living on the allowing premises to be used as a brothel • Living on the
earnings of prostitution • Attempting, procuring or taking earnings of prostitution • Attempting, procuring or taking
person for the sake of prostitution • Detaining any person person for the sake of prostitution • Detaining any person
in premises for prostitution • Prostitution in the vicinity of in premises for prostitution • Prostitution in the vicinity of
public places • Seduction of a person in custody public places • Seduction of a person in custody
anti-trafficking bill, pledging to allocate funds to expand anti-trafficking bill and committed to devoting funding to
police anti-human trafficking units (AHTUs) to all 732 expand its police anti-human trafficking units (AHTUs) to
districts. However, the all 732 districts. However, the
https://www.state.gov/reports/2020-trafficking-in-persons-report/india/
the government reporting that it has only identified only the government reported it had only identified
313,000 bonded labourers since 1976—less than 4% of approximately 313,000 bonded laborers since 1976—less
NGOs' estimates of at least eight million trafficking victims than four percent of NGOs’ estimates of at least eight
in India, the million trafficking victims in India, the
NGOs, police did not file FIRs in at least half of reported NGOs police did not file FIRs in at least half of reported
bound labour cases, and 17 bonded labor cases, and
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states and territories did not identify any bonded labour states and territories did not identify any bonded labor
victims in 2017 or 2018, victims in 2017 or 2018.
state and district legal offices did not routinely request it state and district legal offices did not regularly request it
or assist victims in filing applications, and less than 1% of or assist victims in filing applications, and less than one
victims identified percent of trafficking victims identified
a child's right to grow up in a family setting, exposing him a child‟s right to grow up in a family environment and
or her to a variety of dangers, including assault and abuse. exposes him or her to a range of dangers, including
violence and sexual abuse.
the age of 18. The Juvenile Justice (Care and Protection the of the Juvenile Justice (Care and Protection of
of Children) Act Children) Act, 2000.
Article 21 A: The State shall provide free and compulsory Article 21A states that the State Shall provide free and
education to all children compulsory education to all children
law or a child in need of care and protection law or a child in need of care and protection,
http://haqcrc.org/wp-content/uploads/2016/06/child-trafficking-in-india-report.pdf
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Article 24: No kid under the age of 14 years old shall be Article 24 No child below the age of fourteen years shall
employed in any industry, mine, or other hazardous be employed to work in any factory or mine or engaged
occupation. • Article 32: in any other hazardous employment. Article 39 (
https://openjicareport.jica.go.jp/pdf/12262515.pdf
the health and strength of workers, men and women, and the health and strength of labours and workers, women
the tender age of children are not abused” and that “the and the tender age of children, and the citizens
citizens are not forced by economic necessity to enter are not forced by the economic necessity to enter a
avocations unsuited to their age or strength” vocation unsuited to their age or strength.
the children are given opportunities and facilities to The children to re-given opportunities and facilities to
develop in a healthy manner and in conditions of freedom develop in a healthy manner and in conditions of freedom
and dignity” . • and dignity
the United Nations Convention on the Rights of the Child. The United Nations Convention on the Rights of the Child
• Article 51: Article 34,
https://en.wikipedia.org/wiki/Human_trafficking
Trafficking in India The Indian government does not trafficking in Venezuela. The Government of does not
entirely achieve the minimal standards for the elimination fully comply with the minimum standards for the
of human trafficking, although it is working hard to do so. elimination of trafficking; however, it is making
Given the impact of the significant efforts to do so. Because the assessment of the
https://2009-2017.state.gov/j/tip/rls/tiprpt/2012/192368.htm
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the government indicated generally increased efforts The government demonstrated overall increasing efforts
compared to the previous reporting period; however, compared to the previous reporting period; therefore
India remained on Tier 2. India remained on Tier 2.
The government allocated funding to strengthen existing the government allocated funding for the strengthening
and establish new Anti-Human Trafficking Units (AHTUs) of existing and establishment of new Anti-Human
across the country Trafficking Units (AHTUs) around the country,
in response to increased vulnerabilities to trafficking as a In response to heightened vulnerabilities to trafficking as a

result of the pandemic, result of the pandemic,
media reported that railway and transit police increased media reported railway and transit police increased
patrolling of transportation hubs to prevent and intercept patrolling of transportation hubs to prevent and intercept
perpetrators and victims of human trafficking. The perpetrators and victims of human trafficking in 2020. The
government government
women help desks” in 10,000 police stations across the women help desks” in 10,000 police stations across the
country, facilitating services for crime victims, including country and facilitated services for victims of crime,
human trafficking including human trafficking.
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Indian courts expanded the use of video testimony for Indian courts expanded the use of video testimony for
trafficking victims. trafficking victims
against bonded labour, remained woefully inadequate. against bonded labor, remained inadequate.
Fewer convictions were obtained by the government, The government achieved fewer convictions,
while the acquittal rate for drug traffickers remained high and the acquittal rate for traffickers remained high at 73
at 73 percent. Official complicity in percent. Official complicity in
the extent of the problem, with some organizations the scope of the problem, with some organizations
estimating eight million trafficking victims in India. Efforts estimating eight million trafficking victims in India. Efforts
to inspect government-run or -funded shelters were to audit government-run or -funded shelters remained
ineffective, and substantial flaws in victim safeguards, inadequate, and significant shortcomings in protections
particularly for children, went ignored. Many victims for victims, especially children, remain unaddressed. Many
waited years victims waited years
Section 370 of the Indian Penal Code (IPC), which Section 370 of the Indian Penal Code (IPC) criminalized
encompassed any act of physical exploitation or any type trafficking offenses that involved exploitation that any act
of sexual exploitation, slavery or practises similar to of physical exploitation or any form of sexual exploitation,
slavery, and servitude. The law slavery or practices similar to slavery, and servitude. The
law
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these penalties were sufficiently severe and, in the case of these penalties were sufficiently stringent and, with
sex trafficking, comparable to those imposed for other respect to sex trafficking, commensurate those
serious crimes such as kidnapping. Section 370 needed a prescribed for other serious crimes, such as kidnapping.
proof of force, fraud, or compulsion to constitute a child Inconsistent with international law, Section 370 required a
sex trafficking demonstration of force, fraud, or coercion to constitute a
child sex trafficking
and did not prohibit all forms of child sex trafficking. and did not criminalize all forms of child sex trafficking.
Sections 372 and 373 of the IPC, on the However, Sections 372 and 373 of the IPC criminalized
the
children through prostitution without requiring proof of children through prostitution without requiring a
such methods, bridging this gap. These sections imposed demonstration of such means, thereby addressing this
penalties of up to ten years in jail and a fine that were gap. These sections prescribed penalties of up to 10
sufficiently severe and comparable to those imposed for years’ imprisonment and a fine, which were also
other major crimes like kidnapping. The Scheduled Castes sufficiently stringent and commensurate with those
and Scheduled Tribes (Prevention of Atrocities) Act and prescribed for other serious crimes, such as kidnapping.
the Bonded Labor System (Abolition) Act (BLSA) Bonded was specifically criminalized the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act
and the Bonded Labor System (Abolition) Act (BLSA),
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penalties of up to five years in prison and three years in penalties of up to five years’ imprisonment and up to three
prison, respectively. The sanctions imposed by the BLSA years’ imprisonment, respectively. The penalties
were insufficiently severe. Police continued to file prescribed under the BLSA were not sufficiently stringent.
trafficking cases under the Juvenile Justice Act and other Police continued to file trafficking cases under the
sections of the IPC, which criminalized many forms of Juvenile Justice Act and other sections of the IPC, which
forced labour; however, these provisions were criminalized many forms of forced labor; however, these
inconsistently enforced, and some of the penalties provisions were unevenly enforced, and some of their
prescribed were insufficiently severe, allowing only fines prescribed penalties were not sufficiently stringent,
or short prison sentences. Other legislation, such as the allowing for only fines or short prison sentences.
Protection of Children from Sexual Offenses Act (POCSO) Additionally, the government prosecuted sex trafficking
and the Immoral Traffic Prevention Act (ITPA), under other laws like the Protection of Children from
Sexual Offenses Act (POCSO) and the Immoral Traffic
Prevention Act (ITPA),
of the lower house in 2019, a draught anti-trafficking of the Juvenile Justice Act. A draft anti-trafficking bill from
measure from 2018 lapsed. At the end of the reporting 2018 lapsed with the dissolution of the lower house in
period, the government was working on a revised law that 2019. The government was working on a revised bill,
had yet to be presented to Parliament. which was yet to be presented to Parliament
did not identify the form of trafficking. Ninety-four did not report the type of trafficking of potential victims
percent of trafficking victims were Indian, about 57 Ninety-four percent of trafficking victims identified were
percent were adults, and 62 percent were female, Indian, approximately 57 percent were adults, and 62
percent were female.
Indians trapped in bonded labour, the Ministry of Labor Indians in bonded labor, the Ministry of Labor and
and Employment revealed to Parliament in 2019 that the Employment reported to Parliament in 2019 that the
government had only found and government had only identified and
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one NGO working in ten states found that more than 60% one NGO working in 10 states reported that more than
of released victims were subjected to bonded labour 60 percent of released victims were subjected to bonded
again after their release labor again following their release.
Karnataka, Tamil Nadu, and Uttar Pradesh, where some Karnataka, Tamil Nadu, and Uttar Pradesh states, where
authorities may be more some authorities may engage more
and 964 victims, respectively, accounting for 87 percent and 964 victims identified respectively, overall accounting
of the country’s total identification of bonded labour for 87 percent of the country’s total identification of
victims. bonded labor victims.
Trafficking investigations and victims’ capacity to seek trafficking investigations and victims’ ability to obtain
services, including involvement in civil and criminal trials services, including participation in civil and criminal cases
in their home states, in their home states.
The Ministry of Women and Child Development (MWCD) The Ministry of Women and Child Development (MWCD)
has continued to fund several broad national child continued to support some broad national child
protection protection
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and a system to locate missing children and remove them and a system to identify missing children and remove
from exploitation or dangerous situations. During the them from their exploitation or situation. During the
reporting year, state and municipal officials reporting year, state and local officials
all adult and child trafficking victims to state courts and all adult and child trafficking victims, except bonded labor
CWCs to determine suitable care. CWCs typically reunited victims, to state judiciaries and CWCs to determine
child trafficking victims with their parents, some of whom appropriate care. CWCs generally returned child
had trafficking victims to their parents, some of whom had
their children. When CWCs did refer child trafficking their children to trafficking. When CWCs did refer child
victims for care, they were placed in privately managed trafficking victims to care, it placed them in privately run
shelters, government-run juvenile justice institutions shelters, government-run juvenile justice homes (some of
(some of which housed child victims with minors accused which housed child victims with children accused of
of crimes), or government-run women and children’s crimes), or government-run women and children’s
homes, some of which had previously tolerated abuse. homes, some of which allowed routine abuse. While
While it was reported that judges could send bonded judges could reportedly refer bonded labor
labour victims to care, there were no evidence that this victims to care, there were no reports officials did so
was done in practice. Judges could force all adult in practice. Judges could require all adult trafficking
trafficking victims recognized under the ITPA victims identified under the ITPA
stay in government or non-governmental organization- stay in government- or NGO-run shelters for up

run shelters for up to three weeks, and victims who were to three weeks, and victims who were
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Through the Ujjawala programme for female sex through the Ujjawala program for female sex trafficking
trafficking victims (which now has 136 shelters, up from victims ( operating 134 shelters, compared with 148 in
134 in 2019) and the Swadhar Greh programme for 2018) and the Swadhar Greh program for women in
women in
MWCD continued to offer state governments with MWCD continued to provide state governments with
financing for NGO and government-run shelter and funding for NGO- and government-run shelter and
rehabilitation ( rehabilitation
operating 417 shelters, compared to 514 in 2018). In the operating 417 shelters, compared to 514 in 2018). The
2020-2021 budget, the federal government committed central government allocated 250 million INR ($3.42
250 million INR ($3.42 million) to the Swadhar Greh and million) to the Swadhar Greh and Ujjawala
Ujjawala
Although NGOs stated that local officials, migrant although NGOs reported local officials, migrant
workers, and agricultural employees were typically workers, and agricultural workers often still lacked
unaware of human trafficking and their legal rights, awareness of human trafficking and their legal rights.
the governments of Karnataka and Tamil Nadu declared The governments of Karnataka and Tamil Nadu observed
February 9, 2021, “Anti Bonded Labor Day,” February 9, 2021, as “Anti Bonded Labor Day”
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During the reporting period, officials and NGOs indicated during the reporting period increased public awareness
that pandemic-related limitations on public gatherings campaigns about bonded labor. Officials and NGOs
severely hampered local and state governments’ capacity reported pandemic-related restrictions on public
to initiate new awareness programmes or continue gatherings severely affected the ability of local and state
current ones. Following the governments to launch new awareness campaigns or
continue existing ones during the
suspension of industrial dispute procedures, and the suspension of industrial dispute resolutions, and the
suspension of the right to strike suspension of the right to strike.
the government to register foreign recruitment The government foreign recruitment agencies and
organizations and Indian migrant labourers. The Indian migrant workers through the eMigrate system. The
government required migrant workers travelling to 16 government required migrant workers going to 16 specific
particular countries to obtain emigration approval before countries to receive emigration clearance before
leaving; however, emigration to Iraq departure; it did not allow emigration to Iraq.
the government maintained its restriction on females The government maintained its ban on females younger
younger than 30 and older than 50 from working. than age 30 and older than 50 from working
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central and state government mandates for and central and state government mandates for and
implementation of protection programmes and implementation of protection programs and
compensation schemes for trafficking victims, particularly compensation schemes for trafficking victims, especially
minors, so that states give quick release certificates, children, to ensure states provide release certificates,
compensation, and non-cash benefits to all victims. • compensation, and non-cash benefits to all victims
Urge prosecutors to request and judges to grant immediately. • Urge prosecutors to routinely request and
trafficking victim compensation on a regular basis, and judges to award, as appropriate, trafficking victim
legal aid offices to inform trafficking victims of various compensation, and urge legal aid offices to
compensation mechanisms routinely inform trafficking victims of available
compensation mechanisms. •
the Supreme Court’s suggestion that all government-run the Supreme Court’s recommendation to audit all
and funded shelter homes be audited. • Stop punishing government-run and -funded shelter homes. • Cease
victims of human trafficking. • Decouple the overall victim penalization of trafficking victims. • De-link provision of
compensation provision of the 2016 the 2016 bonded labor scheme’s overall victim
compensation from conviction of the
of human trafficking in government-run and -funded of adult trafficking victims in government-run and
facilities. • Strengthen current AHTUs by increasing government-funded shelters. • Strengthen existing AHTUs
financing and employee training, and guarantee that through increased funding and trainings of staff and
newly established AHTUs are fully functional. • .Continue ensure newly created AHTUs are fully Continue to
to distribute and implement standard operating disseminate and implement standard operating
procedures for procedures for
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trafficking, and ensure that no force, deception, or trafficking and ensure that force, fraud, or coercion are
coercion is required to prove a child sex trafficking not required to prove a child sex trafficking Eliminate all
offence. • All worker recruitment fees should be recruitment fees charged to workers. • Increase
abolished. • Improve monitoring and rights for workers in oversight and protections for, workers in the informal
the informal economy, especially those who work from sector, including home-based workers. • Lift bans on
home. • Lift female migration restrictions through female migration through agreements with
agreements with destination nations that protect Indian destination countries that protect Indian workers from
workers from human trafficking. • Update and implement human trafficking. • Update and implement a national
a national
Article 15 prohibiting discrimination on the basis of Article 15 prohibits discrimination on the grounds of
religion, race, caste, sex, or place of birth religion, race, caste, sex or place of birth,
and women should have the right to an adequate means and women equally the right to an adequate means of
of livelihood and equal pay for equal work; livelihood d) Equal pay for equal work
https://openjicareport.jica.go.jp/pdf/12262515.pdf
Kidnapping, abduction, buying or selling a person for kidnapping, abduction, buying or selling a person for
slavery/labour, buying or selling a minor for prostitution, slavery or buying and selling minor for prostitution.
The Immoral Traffic (Prevention) Act, 1956 (ITPA), formerly The Immoral Traffic ( Prevention) Act, 1956 9ITPA) ,
known as the “Suppression of Immoral Traffic in Women initially as the ‘Suppression of Immoral Traffic in
and Girls Act, 1956,” is India’s primary legal weapon for Women and Girls Act, 1956, is the main legislative tool
preventing and combating human trafficking. for preventing and combating trafficking
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trafficking in women and girls for the purpose of trafficking in women and girls, for the purpose of
prostitution as a legitimate source of income. The Act prostitution as an organised means of living. The Act
criminalizes the trade’s procurers, traffickers, and criminalizes procurers, traffickers and profiteers
profiteers,
In Vishal Jeet v. Union of India, The Supreme Court In Vishal Jeet v. Union of India251, the Supreme Court
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Analyzed document Rahul Gupta-Seminar @ 23.11.2021.docx (D119593515)

Submitted 2021-11-23 12:05:00

Submitted by Faizanur Rahman

Submitter email frahman@jmi.ac.in

Analysis address frahman.jmi@analysis.urkund.com

Sources included in the report

Analytical Study of Child Trafficking in India

“Children are our most Valuable Resource.” --- Nelson Mandela

The transportation of products and

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commodities from one person to another for an equivalent in goods or money

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70% MATCHING BLOCK 7/88 https://ssb.gov.in/WriteReadData/LINKS/Final%2 ...

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The Prevention Act) was enacted in 1950 in reaction to India’s acceptance

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There are two vulnerable factors responsible for this issue

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Women and girls are increasingly being hired as service providers

in a global economy, putting them at risk

Following arms and drug

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Process/ Organization of Trafficking

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trafficked victims may be relocated multiple times.

Procurers are said to be drug addicts or gamblers.

‘Along the road from acquisition to exploitation,’

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Commercial Sexual Exploitation

Prostitution is primarily a commercial phenomenon that is heavily rooted in patriarchal ideals.

It touches on topics of morality, religion, health, and human rights.

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Protection and assistance: Policies, Programmes and Initiatives

the commercial sexual exploitation of women.

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puts a mandatory obligation on every Indian citizen, stating, "

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are all examples of human trafficking.

Indian Penal Code

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is the main piece of legislation in place to protect

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vast majority of whom are bonded labourers.

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• What are the Child Welfare and Protection Strategies in India?