RAJIV GANDHI NATIONAL UNIVERSITY OF LAW (RGNUL), PUNJAB

IN FULFILLMENT OF PROJECT SUBMISSION FOR

IXth SEMESTER

ABSTRACT

APPROVED TOPIC – Inter-relation of Human Trafficking & Disaster

Management: Nexus & Legal Analysis

SOURCES REFERRED:

Hameeda, S., Hlatshwayo, S., Tanner, E., Turker, M., & Yang, J. (2010). Human
Trafficking in India: Dynamic, Current Efforts, and Intervention Opportunities for
the Asia Foundation. Report by Stanford University for the Asia Foundation.

Barner, John R., David Okech, and Meghan A. Camp. “Socio-Economic Inequality,
Human Trafficking, and the Global Slave Trade.” Societies 4, no. 2 (June 2014):148–
60. https://doi.org/10.3390/soc4020148.

B. Gyawali, J. Keeling, P. Kallestrup, Human trafficking in Nepal: post-earthquake

risk and response, Disaster Med. Public Health Prep. 11 (2) (2016) 153–154,
https://doi.org/10.1017/dmp.2016.121.

Dutta Mondira. ‘Mapping Vulnerability to Trafficking of Women and Children in

India’, sponsored by UN Women and the National Commission for Women, March
2011, UN Women, New Delhi.

- SUBMITTED BY:
Tathagat Tiwari
Roll no. 17008
Section ‘A’
Vth Year, B.A.LL.B (Hons.)
RAJIV GANDHI NATIONAL UNIVERSITY OF LAW (RGNUL), PUNJAB

ABSTRACT

In the last few years, there has been some speculation regarding the relationship
between natural disasters and human trafficking. Although human trafficking is not
as well-studied as the gravity of the problem warrants, there has recently been an
increase in speculation of the relationship between human trafficking and natural
disasters. Isolated incidents of disasters in certain areas of the world have led
people to infer a positive correlation between the two phenomena.

In this project, the researcher shall firstly explore the camouflaged connection
between human trafficking and disaster response. The deep linkages shall also be
understood via a case study focusing on the Nepal earthquake and its aftermath.
Then, a legal analysis of the subject-matter shall be undertaken so as to provide
recommendations in areas that lack a proper framework. Herein, focus shall be on
analysing the actual implementation of human trafficking laws in India and their
effectiveness during periods of disaster.

The Doctrinal research methodology shall be followed to research and present this
project.
 NINTH SEMESTER

PROJECT REPORT

INTER-RELATION OF HUMAN TRAFFICKING &

DISASTER MANAGEMENT: NEXUS & LEGAL
ANALYSIS

SUPERVISED BY: SUBMITTED BY:

Dr. IVNEET WALIA TATHAGAT TIWARI

ASSISTANT PROFESSOR ROLL NO. 17008

OF LAW

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

PATIALA, PUNJAB

1
 TABLE OF CONTENTS
ACKNOWLEDGEMENT ....................................................................................................... 3

UNDERTAKING ..................................................................................................................... 4

RESEARCH OBJECTIVES ................................................................................................... 5

RESEARCH QUESTIONS ..................................................................................................... 5

RESEARCH METHODOLOGY ........................................................................................... 5

RESEARCH LIMITATIONS ................................................................................................. 5

CHAPTER ONE: INTRODUCTION .................................................................................... 6

CHAPTER TWO: DISASTERS & HUMAN TRAFFICKING – UNDERSTANDING

THE LINKAGES ................................................................................................................... 10

2.1 Causative Factors Linking To Human Trafficking Post Disaster ........................... 13

CHAPTER THREE: CASE STUDY – NEPAL EARTHQUAKE (2015) AND BIHAR

FLOODS (2020) ..................................................................................................................... 17

3.1 Nepal Earthquake (2015) ............................................................................................ 17

3.1.1 Background and Historical Context .......................................................................... 18

3.1.2 Significance of the 2015 Earthquake ........................................................................ 18

3.1.3 Core Challenges ......................................................................................................... 19

3.2 Bihar Floods (2020) ...................................................................................................... 21

CHAPTER FOUR: LEGAL ANALYSIS OF THE SUBJECT-MATTER ...................... 24

4.1 International Framework ............................................................................................ 24

4.2 Indian Legal Framework ............................................................................................ 26

CHAPTER FIVE: GUIDELINES/ RECOMMENDATIONS ........................................... 30

5.1 General Recommendations ............................................................................................. 31

5.2 Recommendations with respect to Legal Framework and Law Enforcement ........... 33

5.3 Suggestions Regarding Rehabilitation of Victims of Trafficking ................................ 34

DETAILED REFERENCES ................................................................................................. 36

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 ACKNOWLEDGEMENT

I am very thankful to Dr. Ivneet Walia, Assistant Professor of Law, who helped and
guided me in this endeavour of preparing this report. This couldn’t have been possible
without her. I wish to express my sincere gratitude to my supervisor for accepting my
topic and giving continuous support and guidance during internship. She gave me
necessary inputs and directions so as to enable me to successfully complete my work.

Till the time, SFH i.e. Study from Home is going on, I thank my parents for providing
me the appropriate resources for this work.

At last, I’d like to thank all the authors and contributors without whom this project
wouldn’t have been as diverse as it is now.

DATE: ……….. TATHAGAT TIWARI

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 UNDERTAKING

I, the undersigned, hereby solemnly declare that the Project titled, ‘Inter-relation of
Human Trafficking & Disaster Management: Nexus & Legal Analysis’ submitted to
Rajiv Gandhi National University of Law, Punjab, in partial fulfilment of the
requirements of the B.A. LL.B. (Hons.), Five-year Integrated Course, ninth semester,
is a bona fide research work of mine. All the information declared hereby is true to the
best of my knowledge.

- Tathagat Tiwari

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RESEARCH OBJECTIVES

FIRSTLY, to describe, analyze and present in detail the inter-linkages between disasters
and human trafficking,
SECONDLY, to discuss contemporary examples of the same in form of case studies
and deduce relevant pointers,
THIRDLY, to carry out a detailed analysis of the existing legal framework vis-à-vis the
research topic,
FOURTH, to present guidelines/ recommendations from contemporary examples and
research to tackle the issue at its very root cause.

RESEARCH QUESTIONS

1. Whether there exist inter-linkages between disaster management and human

trafficking?
2. Whether the existing legal framework is sufficient to deal with the multi-faceted
issue at hand?

RESEARCH METHODOLOGY

For this report, the main objective of research is to add to the knowledge of public
domain and to address the specific problem. The purpose of conducting a research is to
give specific guidelines as to fill up the gaps and lacunas in certain areas that lack a
proper framework. The methodology used by the researcher in the present study is: -
Analytical method along with pure and applied research methods. Doctrinal Study
would cover secondary resources such as commentaries, books, scholarly articles, and
web journals referred by the researcher.

RESEARCH LIMITATIONS

For the present research, the foremost limitation is the vast usage of doctrinal research
techniques and not substantiating it with on-ground questionnaires and interviews. This
limitation is to be blamed on the Coronavirus pandemic which has severely restricted
movement and people to people connection. Secondly, as the entire project has been
compiled by a single researcher, certain subjective bias may have crept in although
effort has been made to reduce it entirely.

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 CHAPTER ONE: INTRODUCTION

Disaster management is essentially a dynamic process. It comprises of management

functions like planning, organizing, staffing, leading and controlling. It also involves
many organizations working jointly to prevent, mitigate, prepare for, respond to and
recover from the effects of disaster. Floods, droughts, cyclones, earthquakes, and
landslides have been a recurrent phenomenon. About 60% of the landmass is prone to
earthquake of various intensities; an area of over 40 million hectares is prone to floods;
about 8 % of total area is prone to cyclones and 68% of the area is susceptible to
drought.i The loss in terms of private, community and public assets due to disasters has
been astronomical. Apart from natural disasters, some cities in India are also vulnerable
to chemical, industrial and other manmade disasters. Millions of people are affected
every year and the economic losses caused by natural disasters amount to a major share
of the Gross National Product (GNP). Natural Disasters are huge economic burdens on
developing economies such as India.

The Global Assessment Report 2011 published by the United Nations International
Strategy for Disaster Reduction (UN ISDR) estimates that more than 90 percent of the
global population exposed to floods live in South Asian, East Asian and the Pacific
countries. Among the disaster-prone countries in South Asia, India and Bangladesh are
highly vulnerable due to the large population exposed to disasters in India and the
geographical, riverine and topographical features of coastal areas of Bangladesh
vulnerable to floods and cyclones.

The slavery of men, women, and children can be traced back in history to almost every
culture, nationality, and religion. From ancient times to present day, human exploitation
has been a global issue, varying in legal and social acceptance and economic
importance through the course of time.ii Although today human trafficking has been
outlawed everywhere in the world, it remains widely prevalent but largely unknown. In
fact, The Economist (2005) compares slavery to polio. As many westerners relate it
with earlier, darker times in human history, its extinction is widely assumed. However,
while its eradication would demonstrate human progress, like polio, that has not yet
been the case.

It has been estimated that 20.9 million people worldwide are being exploited at any
given time 18.7 million (90 percent) are exploited in the private sector, with 68 percent

6
of them being victims of forced labour in agriculture, construction, domestic work, or
manufacturing, and 22 percent are victims of forced sexual exploitation (ILO, 2012). It
is important to recognize that while these numbers are most definitely an indication of
the size of the problem, an accurate estimate of the worldwide magnitude of trafficking
and slavery victims is unknown and most likely impossible to decipher (Weitzer, 2015).
This is due to multiple factors such as global definitional issues, the clandestine nature
of the crime, and the reluctance of victims to come forward out of fear or shame.

Although human trafficking is not as well-studied as the gravity of the problem

warrants, there has recently been an increase in speculation of the relationship between
human trafficking and natural disasters (CdeBaca, 2010; Singh, 2012; Childs, 2016).
Isolated incidents of disasters in certain areas of the world have led people to infer a
positive correlation between the two phenomena. Natural disasters have a substantial
negative economic impact and cause instability in affected countries. As a result, many
people are left vulnerable and desperate during times of disasters, often seeking
migratory alternatives. Children are especially vulnerable under these circumstances as
they may be separated from their families and removed by traffickers (Singh, 2012). It
is evident that natural disasters make for a ripe environment in which human trafficking
can flourish. However, little to no intervention against the illicit activity is prioritized
in disaster relief efforts.

In the last few years, there has been some speculation regarding the relationship
between natural disasters and human trafficking. For example, in 2013, Typhoon
Haiyan hit the Philippines, leaving approximately 10,000 dead and 600,000 homeless
within a week. Even prior to the typhoon, Filipinos have found themselves in vulnerable
economic positions with 47.5 percent of them living on less than $2 per day. One in ten
people thus find work abroad, many under exploitative conditions (Calkins, 2013). Due
to the economic turmoil, widespread instability, and the severity of deaths and
infrastructure, Haiyan was expected to have risen trafficking by a significant amount,
especially that of children. Britain’s International development secretary, Justine
Greening said: “after previous emergencies in the Philippines, we have seen an increase
in the violence against women and girls and in particular the trafficking of girls.”
Similar patterns have been recognized in other countries enduring different disasters.
The Pakistan floods in 2010 left the country one fifth underwater and crippling in
poverty, allegedly increasing trafficking outflow. In the same year, the earthquake in

7
Haiti also created appalling economic conditions. With the loosening of borders to
allow aid flow and too many Haitian children already in forced labour, the earthquake
only made Haiti even more susceptible to further exploitative conditions. Even the
drought of 2011 in Africa saw families marrying off their daughters (often as young as
nine years old) to pay their dowries before their livestock died (Calkins, 2013).

Regardless of the clear patterns seen during natural disasters, human trafficking
intervention is not prioritized in disaster relief efforts, especially child protection. Misty
Buswell, the Deputy head of Office, Child Protection Initiative, Save the Children,
noted that disaster relief responses usually concentrate on food. However, other
tragedies like droughts cause displacement and increase vulnerability in such a way that
it requires better protection and funding mechanisms. Currently, the lowest funded
sector is protection and lowest within that sector is child protection (Singh, 2012).
Although scarce, there have been some efforts to address this issue. For instance, the
U.S. Department of State has called for anti-trafficking measures during humanitarian
aid settings. Also, programs such as the JTI Foundation pilot program seek to increase
the evidence of the relationship between the frequency and intensity of natural disasters
and a rise in human trafficking. This foundation emphasizes the importance of
preventing forced migration through the establishment of a hazards and vulnerabilities
database and the development of Community- Based Disaster Risk Reduction
strategies. Awareness of this relationship is improving but as Harvard’s Program on
Humanitarian Policy and Conflict Research has stated, a stronger international response
to human trafficking during complex emergencies is crucially necessary.

Human trafficking occurs when vulnerable people are exploited. One reason people fall
prey to trafficking is situational vulnerabilities. Natural disasters exemplify a situational
vulnerability where lives are disrupted on many levels. As a consequence of a disaster,
a person’s home, job, and overall stability may be lost, which places that individual in
a vulnerable state. Human trafficking actors can seize on the abrupt change in one’s
life.

By evaluating multiple cases of human trafficking, as well as, several natural disaster
incidents, some common vulnerability factors can be determined: economic, social, and
human security. Various types of post-natural-disaster environments including
hurricanes, earthquakes, fires, and tsunamis around the world exhibited these factors.

8
Situational vulnerabilities are a well-documented explanation for human trafficking. If
a sudden change in an individual’s life or environment occurs, traffickers can
manipulate this weakness and lure the person into a trafficking situation. Natural
disasters pose a particular situational vulnerability because of the interruption or
elimination of multiple community systems and structures which in turn disrupts access
to the basic needs of the population. In sum, natural disasters inspire a mounting
concern not only because of the frequency and costliness, but also for the situational
vulnerabilities which can create a susceptibility to human trafficking activities.iii

Likewise, human trafficking is a growing concern and the United Nations Office on
Drug and Crime (UNODC) reports it affects every country in the world. The
International Labour Organization (ILO) estimates that human trafficking has an annual
profit of over $150 billion, which exceeds the annual net profits of Microsoft, Samsung,
and Apple combined. Although natural disaster can create situational vulnerabilities for
disaster survivors, the concern for human trafficking extends beyond those directly
impacted by the disaster. Vulnerabilities for external population groups may arise as
well. Labour trafficking is a significant concern during disaster response as rebuilding
efforts demand increased resources for construction and labour positions. During
catastrophic disaster events, the requests for work exceeds the supply of available
workers to meet the demand. Both human trafficking and natural disasters touch world
in significant ways, and when these two realms collide, tragedy results. For example,
labour trafficking characterized Hurricane Katrina in 2005. Labour traffickers exploited
more than an estimated 3,700 workers from 10 different countries during response
efforts for Hurricane Katrina. The majority of these workers will not receive justice for
the abuse they endured. This lack of justice is common as of the over 16 million cases
of forced labour worldwide, only about 1000 of those cases have been prosecuted.iv
This example and many others show the need to further examine the mutual relationship
between human trafficking and natural disasters.

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 CHAPTER TWO: DISASTERS & HUMAN TRAFFICKING –
UNDERSTANDING THE LINKAGES

Most of the modern world has concerned itself with both the atrocity of human
trafficking and the devastation of natural disasters. These events leave human pain and
suffering in their wake at outstanding levels. A large international effort to create
transnational standards of law has been constructed to mitigate and respond to these
catastrophes, however, there is a shocking gap in understanding the connection and
correlation between the two. Though international law has made commendable strides
toward globally cooperative solutions in the respective areas of human trafficking and
natural disasters, little legal action has been crafted to reduce the overlap between these
two. Scholars have scratched the surface of this issue, beginning to acknowledge
vulnerability natural disasters create that contributes to increased human trafficking,
but international law must be further developed to match this ever-increasing cross-
section of human suffering.

Human trafficking is a 150-billion-dollar industry that reaches every corner of the world
and impacts every country. Generally, human traffickers’ prey on the most vulnerable
and desperate, specifically targeting defenceless young women and children.
Characterized by three elements; act, means, and purpose, the ability to execute the act
of human trafficking is influenced by a series of factors at the individual, state,
trafficker, and international level. The individual factors generally relate to the lack of
economic or social opportunities that lead people in poverty to trust traffickers for job
opportunities. In contrast, the remaining deal with the opportunity for trafficking at the
trafficker, state, and international levels. Natural disasters exacerbate the following
factors at every level: victim’s unawareness of potential risk, inadequate social safety
nets, inadequate law enforcement, low risk of getting caught, border regulations, and
lack of international coordination. Natural disasters further marginalize and perpetuate
the vulnerability of the most at-risk people groups. Economic damage caused by natural
disasters will lead more people to take risks for better economic opportunity that lead
to being trafficked, but the most detrimental impact of natural disasters occurs due to
the crumbling infrastructure. Personal interviews with anti-human trafficking workers
on the ground of natural disasters, such as the Nepal earthquake, describe how
traffickers purposefully enter disaster zones, impersonate relief workers, and lure an
outstanding number of vulnerable people to a lifetime of slavery. One worker

10
commented on this phenomenon to a popular news outlet saying, “this is the time when
the brokers go in the name of relief to kidnap or lure women.” Human traffickers
capitalize on the lack of coordination, government infrastructure, and general
communication to pose as relief workers, from well-known organizations, in order to
lure victims and sell them as slaves.

Instability after a disaster can make people especially vulnerable to trafficking. People
may be more vulnerable because they are: Displaced from their homes (temporarily
living in a shelter), separated from family and friends, disconnected from supportive
services and unable to safely earn income and be self-sufficient. People who don’t
speak a local language may be more vulnerable because they: can’t communicate to
authorities, are afraid of physical harm or stigma, have no access to assistance, services,
or protection provided by local laws.

It need not be emphasized that regions that are in the grip of extreme poverty, human
rights violation, conflict ridden and war torn have enhanced the risk and vulnerability
of women and children to trafficking. The world today is a witness to the mass exodus
of people migrating from one place to another due to conflict, war, natural calamities,
ethnic cleansing, terrorism and insurgency or simply in search of livelihood options.
Such regions that are in the grip of extreme poverty, human rights violation, conflict
ridden and war torn have enhanced the risk and vulnerability of women and children to
trafficking. There seems to be a thin line between migration, human smuggling, human
trafficking and other related issues.v

South Asia happens to be a home to the second largest numbers of internationally

trafficked persons, estimated to be around 150,000 persons annually (UNFPA, 2006).
India, Bangladesh and Nepal have been identified as the major source countries for
women and children being trafficked for the purposes of sexual exploitation,
involuntary domestic servitude and bondage of debt. South Asian region in particular
has witnessed exploitation of women and children under the garb of fraudulent
marriages, false job promises, culture and religious beliefs and deceit. They become
even more vulnerable in a situation as a result of a disaster which takes away their land,
house and the few livelihood options that were prevalent in their places of residence.

It is often suggested that women and girls post disaster will be forced into sex work.
However, sufficient (reliable and robust) studies do not exist to support the extent of

11
this outcome. The post-earthquake period in Haiti was linked with a rise in the number
of women and girls engaging in sex work. In May 2011 UNHCR conducted several
focus groups with women and adolescent girls in a selection of internally displaced
people (IDP) camps. Based on the testimonies of participants, the study found that the
practice of women and adolescent girls engaging in transactional sex in Port-au-Prince
was widespread (Mcloughlin, 2011). There are several other examples of transactional
or survival sex following disasters and conflict where women and girls are coerced into
providing sex in exchange for food and other relief items or protection (IRFC, 2012).
However, it is not clear the extent to which levels of such sexual exchanges increase
post-event, or if the nature of these change in terms of with whom women engage in
sex, or which women engage in such transactions (Bradshaw et al, 2013)

As for Nepal, trafficking was already included in emergency preparedness plans.

Although it may seem logical that the risk for trafficking increases following a natural
disaster the link is rarely recognized or examined closely in humanitarian agency
documents and reports until the IOM report mentioned above. In the report The Climate
Change- Human Trafficking Nexus IOM claims that there is an absence of academic
studies and policy documents on the effect of slow- and sudden-onset on human
trafficking (IOM, 2016).

Therefore, there is a need to examine the link between human trafficking and natural
disasters. This may be linked to what Elizabeth G.Ferris writes in the book Politics of
Protection: The Limits of Humanitarian Action (2011); Despite the increasing
frequency and severity of natural disasters, many humanitarian actors continue to see
natural disasters and those displaced by them as marginal to the central thrust of
humanitarian action: responding to those affected by conflict. The assumption has been
that conflicts and natural disasters are fundamentally different and that response to
natural disasters is basically a question of logistics while complex emergencies and
conflicts always bring forth protection issues” (Ferris, 2011). Despite this assumption,
Ferris claims that recent research shows that conflicts and disasters affects communities
in a similar way. Ferries goes on writing that “humanitarian response is especially
complex when disasters strikes communities already weakened by conflict”, as is the
case with Nepal after the 10 year long conflict. “Natural disasters are much more than
environmental events. They have profound political, environmental, social, spatial, and
psychological consequences. A natural disaster unearths and challenges the power

12
structure of an affected society, disrupting livelihood strategies and deconstructing
social arrangements”, writes disaster management specialist Rakhi Bhavnani (2006).

Human trafficking can be categorized as an intangible effect of a disaster, which is an

effect from a disaster that “cannot be properly assessed in monetary terms”. Stress,
mental illness, poor morale, change in culture and loss of community character, as a
consequence of a damaged environment are examples of intangible effects.
Additionally, trafficking is an indirect effect as it may “emerge later and may be more
difficult to attribute to the event” according to Keith Smith in his book Environmental
Hazards (Coppola, 2015; 154). The indirect effects may in turn be due to tangible
effects such as loss of wages, loss of livelihood and cost of reconstruction to mention a
few.

2.1 Causative Factors Linking To Human Trafficking Post Disaster

Disasters do not occur in vacuum. Disasters affect everyone differently depending upon
the different vulnerabilities. The different vulnerabilities are shaped by existing
discriminatory socio- economic conditions. Disasters result from the combined factors
of natural hazards and people’s vulnerabilities. These vulnerabilities take the form of
physical exposure, socioeconomic vulnerability, and limited capacity to reduce
vulnerability and disaster risk. Capacities to reduce vulnerabilities and risks arise out
of a complex mix of factors, which include poverty, social class, age group, ethnicity
and gender relations. Women are made more vulnerable to disasters through their
socially constructed roles.

Many families are forced to relocate to shelters. Inadequate facilities for simple daily
tasks such as cooking means that women’s domestic burden increases at the same time
as her economic burden, leaving her less freedom and mobility to look for alternative
sources of income. They are less informed and do not possess skills (including literacy)
which act as life-saving mechanisms in times of disasters.vi

Disaster events impact women disproportionately, endangering girls’ and women’s

personal safety, income sources, livelihood resources, environmental and economic
assets, mental and physical health, future opportunities, social networking, and, too
often, life itself. Post-disaster mortality, injury, and illness rates are often higher for
girls and women than boys and men. Loss of agricultural work for women farmers,
disruption of home-based industries, and low access to the financial and material aid

13
are greater for women compared to their male counterparts. Relocation after disasters
increases women’s workloads, decreases their control over food and income, and
disrupts their social support networks, i.e., friends, relatives, and neighbours, on whom
they depended for practical and psychological support.

Designation of November 25 in 1999 as UN International Day for the Elimination of

Violence against Women was of major significance. The UN in the 23rd Special
Session of General Assembly clearly spelt out the action needed to address the problem
of violence against women especially human trafficking of women and children
(UNWOMEN, 2000). The United Nations Convention against Transnational Organized
Crime was adopted in November 2000, along with two optional protocols by which
countries would undertake in-depth measures to combat smuggling of migrants and the
trafficking in women and children. The protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially women and children is the first attempt to address
trafficking in persons in a comprehensive manner based on the expanded understanding
of the term trafficking and its multiple dimensions. The protocol applies to the
prevention and combating of trafficking as well as to the protection of and assistance
for victims and cooperation among state parties (Palermo Convention, 2000)

The three major factors of vulnerability that affect women and girls most as a result of
disaster are –

Cultural Component

It need not be mentioned that when a disaster hits it is the women who are the worst
sufferers and take upon themselves the responsibility to carry forward the society,
family and children in the name of legacy of protecting their culture and tradition on
behalf of the whole community. So, at such times the cultural factor becomes even more
influential in taking the women victims towards being sexually exploited in order to
make a living. It is for the first time that the Census of India has documented few of
these communities and their distribution pattern in space. Field visits further unravelled
a plethora of such communities that exist today. The Rajnats, Bedia, Dommara,
Lambada, Joigini, Satnami, Kanjar, Sansui, and the list goes on. Culture and tradition
thus at times plays a dominant role in the lives of the women in the disaster hit areas.

The cultural factor perhaps is the one which has been ignored and goes unnoticed from
the perspectives of vulnerability to trafficking of women and children. With sanction

14
from the society this system has become accepted by the community as part of the
cultural norm. India is so far the only land where women / girls are worshipped as well
as marketed by their own parents and brothers as a commodity in the name of caste and
suffer inequalities and shame for no fault on their part” (Sanlaap,2008) A disaster hit
region promotes such a culture even more as there are no livelihood options left for the
women. The society and family justify such occupations in the name of culture and
traditions.

Age Specific Sex Ratio (10-24 years)

The combination of a situation where disaster hits a place having a strong cultural factor
especially for the age group of 10-24 is a deadly combination. This fact can be found
from the secondary sources of information. The Census of India 2001, provides the data
on sex ratio under various age group. The map shows the districts where the age group
10 to 24 years are conspicuous by their absence. The number of girls and women who
have gone missing belonging to the age group (10 to 24). Similarly other districts from
Bihar and Uttar Pradesh also displayed a similar picture. Data from Census of India
clearly displays this phenomenon.vii

Hazard Prone Vulnerable Districts

The Kosi belt of Bihar and Brahmputra and Ganga flood plain areas in Assam,
Meghalaya and West Bengal are inundated year after year due to floods displacing a
large number of people. Similarly, drought situations in Central parts of India,
Rajasthan, Gujarat also force people to look for outside support. The coastal belts are
also prone to inundation of saline water due to cleaving.

Such an indicator includes all the hazard (natural) prone areas of the country which
have been hit by natural calamity such as drought, floods, earthquake, etc. Owing to
natural disasters such as droughts, floods and hailstorms there is a loss of crop, cattle
and property leading to the fall in family income and forcing the population to migrate.

. This intersection supports a conceptual conclusion that natural disasters present

opportunities for human trafficking. Described attributes such as poverty, social
inequalities, and a breakdown in community safeguards become heightened issues after
a natural disaster devastates an area, and these attributes are also common

15
vulnerabilities that make people susceptible to human trafficking. The Venn Diagram
illustrates this intersection.

Natural disasters create an abrupt change in the entire community structure which
presents multiple opportunities for human trafficking. For instance, a sudden economic
hardship caused by a natural disaster may lead someone to have poor judgment
especially if this person is also dealing with personal tragedy or other consequences of
the disaster. This situation could result in manipulation by a trafficking actor

Likewise, natural disasters expose and worsen social inequalities, burden individuals
and resources within the community, while also disrupting the safety and security of
the population and the environment. Disasters also provide fertile ground for the
victimization of people beyond those directly impacted by the disaster. In the aftermath
of a disaster, there is often a large demand for manual labour and low skill workers
from outside of the community. The internal resources are easily overwhelmed and the
need for external support is prevalent. Traffickers can take advantage of this need by
recruiting foreign guest workers to assist with the disaster response effort. The guest
workers can easily be exploited as human security safeguards within the community
are overwhelmed with supporting disaster recovery efforts.

16
 CHAPTER THREE: CASE STUDY – NEPAL EARTHQUAKE (2015) AND
BIHAR FLOODS (2020)

3.1 Nepal Earthquake (2015)

Two major earthquakes - a 7.8 magnitude earthquake on the 25th of April 2015
followed by a second powerful 7.3-magnitude quake 2 weeks later had a tremendous
impact in Nepal. More than 8500 people were killed and thousands left injured and
displaced, other more hidden repercussions of the resultant chaotic environment need
attention: the increased risk of human trafficking in the wake of complex disasters.
When the earthquake happened root causes of human trafficking was made worse for
people who were already vulnerable. They therefore became more vulnerable to
traffickers who came to villages right after the earthquake offering false job and
education opportunities. Children were most at risk immediately after the earthquake
while women and young men were more at risk of trafficking and unsafe migration
some months and years after as push factors of trafficking continue to increase.

Nepal is a main source country for human trafficking in South Asia. Although largely
framed as a legal and a social issue, human trafficking is also a major public health
problem globally because victims of trafficking experience health-related problems and
are at higher risk of injury, illness, or death. While the scale of human trafficking is a
global phenomenon, populations in a post-disaster scenario are at higher risk. The open
borders between Nepal and neighbouring India have provided opportune conditions for
the illegal movement of women and girls to India and further afield. The paucity of
border controls and concurring corruption further compound the situation with chaos
and weak law enforcement. While political instability has plagued Nepal since the end
of the civil war, the disrupted law enforcement and the current post-disaster period
leaves Nepalese children and women at higher risk of being trafficked. The risk
increases for children separated from their families, as they may be believed to be
missing or dead.viii

Natural disasters such as an earthquake increases vulnerabilities through exaggerating

root causes for human trafficking such as poverty, economic inequalities and structural
inequalities. The counter-trafficking measures in the response and recovery must go
beyond raising awareness of risks and intercepting people at borders. The root causes
must be dealt with through equitable response and recovery that is rooted in the
humanitarian principles by meeting the different needs of women, girls, boys and men

17
based on age, social and financial status. If this is not done, then people are at higher
risk of traffickers and recruitment agents who take advantage of people in need a secure
livelihood for themselves and their family.

3.1.1 Background and Historical Context

Human trafficking has had a pervasive presence in our world, although often disclosed
and unseen due to the nature of secrecy surrounding the practice. Nepal seems to be
disproportionately affected by human trafficking, as 20,000 women and girls are
smuggled across the border every year. When looking at the specificity of trafficking
in Nepal, one must attend to the broader social, political, cultural and economic
undercurrents in the country. These structures of violence impact all Nepalis in
profound ways, but often tend to disproportionately impact women, which then lends
significance to our discussion of trafficking.

To begin with the issues that impact all Nepalis, Nepal has one of the lowest human
development indicators in the world. This lack of development functions synergistically
with the presence of poverty, as there is a dearth of economic opportunity in Nepal. In
2004, 90% of Nepalis relied on subsistence agriculture, and 82% lived on less than $2
US per day.ix This poverty specifically and disproportionately impacts women, in that
it leads to the desire to migrate, which open lanes for sexual trafficking, and families
begin to rely on young girls for income while investing in their sons’ futures by
providing them with an education.

3.1.2 Significance of the 2015 Earthquake

When the Gorkha 7.8 magnitude earthquake and aftershocks hit Nepal in the spring of
2015, it not only displaced 2,6 million people (iDMC, 2016), it destroyed over 600 000
homes, killed 8.790, injured 22.300 people (Raj and Gautman, 2015) and destroyed
people’s livelihoods. It also increased people´s vulnerabilities for human trafficking in
one of the poorest countries of the world. Ranking as number 144 out of 188 on the
Human Development Index (HDI), trafficking was already an issue in the country
where patriarchal culture and the caste system, despite being banished in 1950 make up
the social fabric. A rather new issue on the humanitarian agenda, the increased risk of
human trafficking after the earthquake was reported in both Nepali and international
media. A year later, a National Human Rights Report stated that human trafficking in
fact did go up with 15% in the first months following the earthquake.

18
Human trafficking is significant to our exploration of Nepal because of the popular
argument that human trafficking and child marriages have become even more
problematic after the 2015 earthquake. Money is now of the utmost importance for the
Nepali population, and trafficking is a, unfortunately, quick source of income. Although
few may be maliciously exchanging their daughters for money, most are selling their
own children off because they believe it might be in their best interest, or because they
can no longer support their children and their education.

3.1.3 Core Challenges

Human trafficking in Nepal presents challenges that transcend an array of national

boundaries and the nation has long affirmed its status as a source from which people
are perpetually subjected to forced labour and sex trafficking, despite governmental and
NGO-based anti-trafficking efforts. The recent earthquakes will undoubtedly fuel
Nepal’s unyielding battle with human trafficking, leaving ample room for unique
interventions and proactive responses to this unanticipated calamity. It’s important to
recognize that these challenges are intrinsic to Nepal’s long relationship with human
trafficking and the recent earthquakes will hopefully redirect attention to the issues.

With the hope and belief that their child could get a better future, and one less mouth
to feed parent’s let their child travel with what could be the village leader, that aunt
with the good connections, a well-meaning religious monk or priest, or a kind stranger
posing as an aid worker from a reputable organization. In reality the parents
unknowingly sent their child away with human traffickers. Other children and youth
left their villages themselves in the hope of better opportunities somewhere else after
they lost everything.

But what is it that makes these people at particular risk of trafficking in crisis situations?
“Sudden changes brought on by natural disasters exacerbate problems that people face
on a daily basis,” writes Bhavnani explaining the physical to sociological effects natural
disasters has on the lives of people (Ferris, 2011). The disaster such as this earthquake
has major impacts on the lives of people shared a development worker based on years
of experience working in previous disasters and in the response to the earthquake. He
went on explaining that after the earthquake the main source of income such as life
stock or microenterprise of a family may have collapsed. Thus, an urgent need to find

19
an immediate way to provide for the family arises because the family must be provided
for (Interview, 2017). A push factor is then created.

Several root causes were only made worse after the earthquake. Among them economic
inequality and poverty. Following the earthquake, the World Bank estimates an increase
in the proportion of poor, where 44% of the population was already living in poverty.
According to estimates there would be an increase by 2 percent if the earthquake had a
low impact, 2.8 percent at medium impact and at 3.7 percent at high impact in year
2015/2016 (National Human Rights Commission, 2015). An additional, at almost a
medium impact estimate, 700,000 people living in poverty following the earthquake as
around 600,000 houses were fully orpartially damaged, according to the National
Planning Commission Post Disaster Needs Assessment key findings report
(Government of Nepal, 2015).

The Nepal-India border presents a unique challenge, which dates back long before
Indian independence, when the Open Border policy between the two nations was
established. This leaves 1,000 miles of unmanned and untamed geographies of
vulnerability where migration of traffickers and their victims is left virtually
unaccounted for. Migration presents tremendous obstacles that must be approached
through partnerships between Nepal and India, and all parties responsible for
transactions and patrol of the border. In the midst of the post-earthquake Nepal, options
and resources for the Nepalese are limited. Vulnerabilities in response to socio-
economic realities of Nepal in the present day have not hindered people’s willingness
to go abroad in pursuit of any and all opportunities.

In order to create a unique intervention for human trafficking, it is first necessary to

establish the type of interventions that already exist so that it would be possible to
modify them and make them more efficient. With human trafficking, interventions can
take place on three dimensions: prevention, interception, and rehabilitation.

Prevention – Several NGOs have targeted certain ‘at risk groups’ with whom structural
violence had made vulnerable to human trafficking. There is very little concrete
evidence that identifies the factors that create vulnerability, therefore such groups are
deemed ‘at risk’ largely based on common sense. Thus far, such groups consist of lower
caste women, school drop outs, the impoverished, and unmarried young girls. For
preventative measures, NGOs have adopted the strategy of raising awareness among

20
populations that are deemed at risk by giving radio broadcasts, speeches, and seminars
about the danger of human trafficking in order to prevent further acts of trafficking and
to make the population more aware of their vulnerability.

In the aftermath of the earthquake, individuals who have been susceptible to trafficking
are now even more vulnerable. The heightened danger of the situation calls for a unique
intervention that modifies the pre-existing structures. Any organization that is able to
synthesize all of these unique interventions into a system that addresses prevention,
interception, and rehabilitation will surely make a profound impact.

3.2 Bihar Floods (2020)

The Bihar administration has started an intensive vigil across the state to check
incidences of child trafficking that have increased in the wake of the novel coronavirus
disease (COVID-19)-induced lockdown and floods in the state.

Natural disasters have often acted as triggers for human trafficking and the present
situation is proving ideal for trafficking gangs, officials said. Authorities have rescued
around 300 children from the clutches of human traffickers in the last three months.
They have also arrested 72 traffickers. Last year, 316 children including 55 girls had
been rescued. “We have information that human traffickers have become active at this
time,” Bihar Social Welfare Department Director Raj Kumar said. The administration
has activated the Railway Protection Force, intensified vigil at railway stations and bus
stops and has also alerted village council officials to keep a tab on human trafficking
activities in villages, Kumar said. The state police department too had alerted all district
police chiefs in the district and the railway departments about possible child
trafficking.x

This time, human traffickers had adopted a different modus operandi, according to a
letter issued by the inspector general of police (Weaker Section), Crime Investigation
Department, Bihar. “Since train services were limited, human traffickers are sending
buses to smuggle children out to various parts of the country,” the letter said. Some 800
children were recently rescued from various factories across India and brought to Gaya
by trains. Gaya has the largest number of child labourers.

During a tour of Sitamarhi district, a large number of children engaged in cutting fodder
to sell in the market or feed cattle were found. Little children in school uniforms were

21
seen taking boat rides across the Bagmati river and bringing fodder on their head.
Sitamarhi was one of the 16 districts severely affected by floods this year. “Floods and
COVID-19 have caused serious trouble for the villagers. You can see entire families
working in fields to cut fodder and sell in local markets to earn a few rupees,” Husas
Shah, a villager from Shiv Nagar village in Sitamarhi district, said. “The villagers are
battling for jobs while the Mahatma Gandhi National Rural Employment Guarantee Act
has failed to serve any purpose. The situation is dire,” Shah added.

“The impact of the lockdown has been unprecedented. The poor villagers are sending
their children to work in factories, unmindful of their physical exploitation. They want
money somehow,” Suresh Kumar, executive director of Centre DIRECT, a Bihar-based
non-profit fighting child labour, said. “What is further surprising, the traffickers have
prompted the parents to accompany their children and carry them to factories to dodge
the authorities,” Kumar added. He warned that child trafficking would pick up
momentum after the festive season was over.

It has been observed that in spite of this high rate of reported cases of trafficking the
prosecution is very weak in cases of human trafficking because many of the cases are
of inter-state nature and the existing coordination mechanism among the states to deal
with such cases are not robust enough. Hence, traffickers often get away with impunity.

With more than four months of school closure, children discontinuing education amidst
COVID-19, loss of livelihood of parents with the catalytic effect of the recent deluge,
and already high burden of reported trafficking cases, are some key indicators that
would further increase the risk of children falling prey to traffickers. Engaging students
with education, is absolutely essential at this juncture, which seems to be a far cry,
especially in government-run schools. While most of the students are yet to receive
their books for the current academic session amidst this pandemic, the discontinuation
of education would suddenly have a larger impact on the children. With the rapid spread
of COVID-19 and on-going flood situation, children being trafficked is looming large.

All these efforts need to be accelerated amidst such turmoil, to protect a generation
altogether. The government must take a lead to engage the larger civil society
organizations in its efforts to safeguard the rights of the children. Thus, civil society
organisations need to collaborate with Government, teachers, PRIs and community at
large to ensure safety-net for children in this time of crisis. Young children need to be

22
engaged with skill development schemes, so that they can sustain their family during
and beyond COVID-19. Organizations such as Save the Children, are in continuous
discussion with various civil society platforms like the campaign against child labour
(CACL), campaign against child trafficking (CACT), to ensure child safety to prevent
child marriages and preventing children from getting engaged as child labour. CSOs
must coordinate with labour resource department to prevent children from being
engaged in hazardous works. Engaging children into education and mainstreaming
grown-up kids to skill-building training through Jeevika could garner safety to children,
in the coming days to defy the social menace. The communities especially in
aspirational districts must be empowered with all government support and CSOs
playing the vital role of engaging the communities to deal with such crisis situations for
ensuring the best interest of children. It’s high time that civil society organisations
collaborate with the Government to ensure safety-net for children in this time of crisis.

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 CHAPTER FOUR: LEGAL ANALYSIS OF THE SUBJECT-MATTER

4.1 International Framework

Substantial international law has been created in the United Nations to prevent human
trafficking, and many countries have created corresponding domestic law. There has
also been an overwhelming effort for nations to develop a cooperative relief effort after
natural disasters. Though these efforts are noble, they are incomplete. Neither problem
will be solved until the prevalence of the other is recognized. In its most basic form,
international law surrounding human trafficking is based on the Universal Declaration
of Human Rights (1948). This document establishes the most basic freedoms and rights
of human beings, regardless of race, nationality, gender, political preference, or any
other self-identifying category. Though it doesn’t mention human trafficking, article
four specifically mentions that slavery in all forms shall be eliminated across all
nations.xi Shortly after the Universal Declaration of Human Rights was created, the UN
created a resolution, the Convention for the Suppression of the Traffic in Persons and
of the Exploitation of the Prostitution of Others, that specifically called for the end of
human trafficking. The entire document focuses on calling nations, “to punish any
person who, to gratify the passions of another: (1) [p]rocures, entices or leads away, for
purposes of prostitution, another person, even with the consent of that person; (2)
[e]xploits the prostitution of another person, even with the consent of that person.” Two
decades later, the UN ratified another international standard, the International Covenant
on Civil and Political Rights, which promoted the rights of all individuals throughout
the world. This document affirms the international communities’ desire that “the slave-
trade in all their forms shall be eliminated.” From the early stages of the United Nations,
the international community decided that slavery and human trafficking are offenses
that cannot be tolerated in any form. The twentieth century spurred the battle against
trafficking and set the standard of freedom deserved by every citizen of the world,
which the remaining international law attempts to achieve.

A number of International instruments deals with the human Trafficking indirectly and
exclusively. Article 4 of the Universal Declaration of Human Rights - this article
provides that a person should not be detained under slavery or servitude. Slavery or
servitude trade must be prohibited in all their forms.

24
International Covenant on Civil and Political Rights - Articles 8(1) and 8(2) of ICCPR
respectively states that the person should not be apprehended under bondage and
servitude. The trade which is done for domestic slavery and servitude must be
prohibited.

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others - the Convention specifically declares that the main reason behind
the commercial sexual exploitation of women and children is their dependency and it
is against their dignity and fundamental rights. The Convention provides a number of
activities aiming at preventing commercial sexual exploitation and at restriction on
pornography through criminalization and punishment of all forms of acquirement.
Member States commit themselves to eliminating all forms of discriminations that
ostracize victims of commercial sexual exploitation. Member States should cooperate
in the identification of international networks of procurers and, if they are members of
the International Criminal Police Organization in order to cooperate with that
Organization then suppression of the human trafficking should be their one of priorities.

United Nations Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment, 1984 - this Convention specifically provides that, if any
person return to his or her state under substantial ground of being in danger of torture
then compensation is also predetermined under this convention.

In a similar manner, the international effort to mitigate the suffering from natural
disasters will never truly be effective, until the coordinated effort acknowledges the
prevalence of human trafficking in disaster zones. The international community has, in
recent years, dramatically increased its effort to help nations recover from unpredictable
natural disasters. The International Federation of Red Cross Societies has attempted to
supplement the UN framework, by providing more specific guidance for best practices
in disaster relief in order to prevent the most suffering possible.xii

Though these actions are admirable, and it is important to continue the effort towards
more effective disaster response, not a single document produced by the UN or Red
Cross considers the impact of human trafficking on the victims of the disaster. If the
goal of the international community is to prevent the suffering of innocent humans after
a natural disaster, they must take into consideration the vulnerability to slavery these
innocent humans will face. Modern slavery affects every category of suffering the UN

25
Sendai Framework seeks to stop. High mortality, economic loss, personal suffering,
spread of the suffering of disaster, and international cost are all consistently effected by
human trafficking. If the international community really wants to address these issues
in preparation for response to natural disasters, they must take into consideration how
vulnerability, chaos, and crisis create huge opportunities for traffickers to easily
perpetrate horrendous acts of slavery. International law and efforts in response to
natural disasters will be incomplete and ineffective in achieving their own outlined
goals until action is taken to include an understanding of the connection between human
trafficking and natural disasters.

The international community is exerting a remarkable effort to prevent human

trafficking and to respond to the suffering of natural disasters, and yet both of these
endeavours will continually be insufficient until the community fully understands the
connection between the two. Furthermore, an analysis of the overlap must be included
in international law, acting as a guideline for countries to create their own domestic
policies that reflect the need to combat human trafficking and respond to natural
disasters while acknowledging the other. An effective understanding of the connection
between these inevitable atrocities of life is crucial to developing productive and
successful policies.xiii There is no doubt the international community desires to uphold
basic human rights and prevent unneeded suffering caused by human trafficking and
natural disasters, however, currently, its actions to achieve these goals are incredibly
insufficient.

4.2 Indian Legal Framework

The Constitution of India, 1950 - The Indian Constitution of India prohibits trafficking
in persons and guarantees many of the internationally acknowledged various human
rights norms such as the right to life and personal liberty, the right to equality, right to
freedom, the right to constitutional remedies. The right to be free from exploitation is
also assured as one of the fundamental rights of any person living in India. Under
Article 23, trafficking in human beings, begar and other similar forms of forced labour
have been prohibited. While its inclusion in the Constitution can be viewed as
progressive, there are several anti-trafficking advocates that claim that the
“prohibitionist model” further victimizes the victims of trafficking, especially for those
engaged in commercial sex exploitation.xiv

26
Indian Penal Code 1860 - Interestingly the Indian Penal Code which came into
existence in 1860 addresses the problem of human trafficking in human beings. It is
addressed in Section 370 and 370 A of the Indian Penal Code. It prohibited trafficking
of women and girls and prescribed ruthless punishments for the criminals. It lays down
that anyone who buys or sells the person under the age of 18 years for the purpose of
prostitution and for sexual exploitation and for other immoral purposes shall be liable
to imprisonment for up to 10 years and also be liable to fine. It also recognizes cross
border trafficking into prostitution and whoever imports into India from any country
outside India any girl under the age of twenty-one years with the intent that she maybe,
or knowing it to be likely that she will be, forced or seduced to illicit intercourse with
another person shall be punishable with imprisonment which may extend to ten years
and shall also be liable to fine.

Immoral Traffic Prevention Act 1986 - The government of India ratified the
International Convention for the Suppression of Immoral Traffic in persons and the
exploitation of the Prostitution of others in 1950. As a consequence of this ratification
of the convention the Government of India passed the Suppression of Immoral Traffic
in Women and Girls Act (SITA) in the year 1956. In the year 1986, the act was further
amended and changed which was known as the Immoral Traffic Prevention Act, 1986
(PITA). This is an interesting law because according to its preamble the purpose of this
Act is to give effect to the Trafficking Convention and to prohibit the immoral human
trafficking. This act deals with trafficking and it has its objective as to abolish traffic in
women and girls for the purpose of sexual exploitation. The offences included are
taking persons for prostitution, detaining persons in premises where prostitution is
carried on, seducing or soliciting for prostitution, making life on the earnings of
prostitution, seduction of a person in custody, keeping a brothel or allowing premises
to be used as a brothel, prohibits employment of children in certain conditions of work
of children. The Immoral Traffic (Prevention) Amendment Bill, 2006 also focuses on
trafficking which is done for the purpose for sexual exploitation. So, there is no proper
domestic legislation in India which combats all forms of human trafficking.

The Ministry of Women and Child has notified the Protection of Children from Sexual
Offences Act, 2012 to strengthen the legal provisions for the protection of children from
sexual abuse and exploitation. It has strengthened the application and enforcement of
the Emigration Act, 1983 to regulate the recruitment agencies.xv

27
The Government of India has amended the Code of Criminal Procedure in 2009 and
included Section 357- A relating to victim compensation, thus making victim
compensation a reality in India. Compensation for victims of human trafficking and
grave sexual offences has been included as a special category by almost all the states
who have notified the scheme.

In countries where gender discrimination is tolerated, women and girls are particularly
vulnerable to natural hazards. Not only is the percentage of women and girls who die
higher in these countries, but the incidence of gender-based violence—including rape,
human trafficking and domestic abuse—is also known to increase exponentially during
and after disasters (UNDP, 2010). Their extreme vulnerability can be made from the
fact that during Tsunami in the Karakai region of Puducherry, adult female fatalities
outnumbered adult male fatalities nearly 2:1 (WHO,2013)

A pioneering report developed by the Lawyers Collective (2003) supported by

UNIFEM examines the role and function of law enforcement and the adjudication
machinery in dealing with the problem of trafficking for commercial sex exploitation
(CSE), the lacunae specific to each component namely, the police, the prosecution, the
judiciary and the correctional institutions, those that are responsible for the ineffective
functioning of the criminal justice system (CJS) and suggest that changes can be made
to improve the functioning of various components of the CJS in dealing with the issue.
The report presents vast data from two metropolitan cities of India, namely, Mumbai
and Delhi, which hosts a significant proportion of the victims for sexual exploitation.
The respondents include police, advocates, officials of the state homes, and analysis of
reported cases under Immoral Trafficking Prevention Act (ITPA) in Kamla Nagar
Police station, New Delhi and Nagpada police station Mumbai. The report presents
profile of law enforcement machinery in the two cities for CSE cases registered under
the ITP Act. It analyses the procedures for reporting CSE cases and sections of ITP act
used for booking the cases and highlights excessive use of section 8 and 20 of ITP act
which criminalizes the victims. The report suggests reasons for acquittals of criminals
like unworthy witnesses, lack of collaboration, discrepancy in witnesses, procedural
problems, absence of women officers. It also highlights the demographic, social,
economic and spatial characteristics of victims staying in government shelter homes
and the innumerable problems faced by the victims in these homes including poor living
conditions and other associated survival coping mechanisms. The research report

28
suggested invaluable recommendations for improving the law enforcement machinery
especially the effective training for police and prosecution.

The disaster management laws have turned a blind eye to the specific needs of women
and especially women in agriculture. In India, the Disaster Management Act 2005 does
not even mention the word “women” or “gender”. There are no gender specific post-
disaster studies and the special needs of women are not highlighted. While gender
mainstreaming has entered the disaster rhetoric, gender is far from mainstreamed in
policies and gender is still not part of mainstream disaster risk reduction and response
practice (Bradshaw et al, 2013).

The ITPA needs to be amended for making the act of trafficking per se punishable. The
pushing of victims into trafficking should not be a pre requisite for applying for the
prevention of trafficking. Moreover, ITPA should be made a self-sufficient law and
made in link with the Disaster Management Act 2005 (DMA). A separate chapter on
“Trafficking during Disasters” can be added in ITPA and can establish a machinery of
its own which is independent of the local police of the area where the disaster occurs,
for example it can link itself with the National Disaster Relief Force (NDRF) under the
DMA. The victims of trafficking during disasters should not be prosecuted under ITPA
which is what ITPA actually do. The role of NDRF should be extended to preventing
trafficking during disasters and the wrong doers should be harshly punished.

29
 CHAPTER FIVE: GUIDELINES/ RECOMMENDATIONS

Among the major reasons that contribute towards creating conducive conditions for
vulnerability to human trafficking, are abject poverty, landlessness, lack of income
opportunities, economic exploitation of labour, food insecurity, insensitive social and
cultural milieu and most importantly mass scale displacements due to natural and man-
made disasters. Disasters leading to mass displacement of vulnerable population year
after year pose as the greatest challenge with hundreds of missing people, particularly
women and children, in the flood hit areas. This is extremely challenging not only for
the state government but also for the non-governmental organisations involved in the
relief and rehabilitation.xvi

Involvement of adolescent boys and girls in creating awareness on safe migration has
been effective to identify fraudulent marriages as vulnerable groups usually share their
anxiety with their peer groups in villages. Several instances show where girls reported
to their teachers in schools about scrupulous marriages of their friends that were being
formalized. Teachers in turn convince the parents to seek proper identification and
whereabouts of the prospective groom before marriage can be solemnized. Such actions
have saved several cases of human trafficking.xvii

Enforcing and strengthening of community initiatives like maintaining of social

registers for all marriages (with unknown partners and community members) will create
the necessary security environment against scrupulous and fraudulent marriages.
Initiatives of building capacities and support grass-root level NGOs to enable them to
link government initiatives on poverty alleviation programmes like Mahatma Gandhi
National Rural Employment Guarantee Act 2005 (MGNREGA), Swadhar, Ujjawala to
help providing sustainable livelihood opportunities and access the due entitlements
from the government programme.xviii

These government schemes are an innovative approach in order to address the

requirements of women under difficult circumstances. The National Commission for
Women should support in establishing the community referral mechanisms such as
providing short stay home facilities along with counselling by trained practitioners to
the trafficked victims. Regular imparting of basic knowledge skills on possible methods
being adopted by traffickers, legal entitlements, etc will ensure that the anti-trafficking

30
squad remain not only informed but vigilant as well. Such initiatives will contribute in
the smooth reintegration of the survivor victims into the society.

5.1 General Recommendations

Dissemination of reports with concerned ministries such as the Ministry of Women and
Child Development, Ministry of Social Welfare & Empowerment, Ministry of Home
Affairs and several others, so that preventive measures are imbibed into their ongoing
schemes and inter-ministerial policies be made to tackle the problem in the right
perspective.

There is a need for greater convergence of the ongoing schemes in the various ministries
of the vulnerable districts. It is important that the capacity build of governance
institutions be initiated in order to bring together all existing programme for achieving
a greater impact on people's lives. It is recommended that courses be introduced in
training institutions such as the 'Lal Bahadur Shastri National Academy of
Administration' (LBSNAA), Mussoorie and the 'National Institute of Rural
Development' (NIRD).

Initiatives must be developed to build capacity and support grass root level NGOs for
linking government initiatives on poverty alleviation programmes like MGNREGA,
Swadhar, Ujjawala, etc for addressing the needs of women under difficult
circumstances and in providing alternative sustainable livelihood opportunities during
a disaster.

Agree on and apply one definition of human trafficking - The United Nations enforced
the U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons in 2003.
Commonly referred to as the Palermo Protocol, the agreement was meant to strengthen
global efforts to combat human trafficking and includes, among others, a definition of
what constitutes human trafficking.xix There are 117 signatories to the protocol, many
of which have expressed reservation about a provision guiding dispute settlements.
Article 15, paragraph 2 notes that disagreements between countries on the interpretation
or application of the protocol should be referred to the International Court of Justice.
Even the word “trafficking” can have divergent definitions. Generally, trafficking
implies victims are moved across local and national borders. But Luis CdeBaca,
ambassador-at-large for the U.S. Agency for International Development Office to
Monitor and Combat Trafficking in Persons, emphasized in a speech about combating

31
trafficking in disaster zones that the test to determine the occurrence of trafficking
according to the Palermo Protocol should not be based on whether “someone has been
moved,” but whether exploitation is taking place. The one-dimensional focus on
movement may compromise interior enforcement of anti-trafficking policies as a result
of neglecting sites such as evacuation centers, schools or homes of victims’ families
and friends, where compelled servitude may also happen. Consent is another
problematic issue. As long as force, abduction, fraud, deception, abuse of power and
bribery — among other exploitative and coercive acts — are involved, recruiters can
be prosecuted for human trafficking instead of being charged with illegal recruitment,
which has lower penalties. But this is not always the case. In some countries, recruiters
are charged only with human smuggling or illegal recruitment if it is proven that the
victims agreed to the arrangement, regardless whether consent was gained through
fraudulent means.xx Anti-trafficking experts are quick to point out that in disaster and
conflict situations, consent from desperate victims can come all too easy.

Integrate countertrafficking interventions - Anti-trafficking workers suggest that their

programs should cut across other major development programs such as livelihood,
education and health, especially following disasters or in conflict situations. “People
need to know that they are in danger. They need to be warned. And they need to know
where they can run to and who they can ask help from,” Flores-Oebanda said.

Understand the socio-cultural context and engage the local community - Similar to
many other development or humanitarian interventions, human trafficking risk
reduction and prevention measures should be implemented with an understanding of
the specific socio-cultural contexts and other social nuances. “Trafficking is incredibly
complex, and depends on a country’s culture, economic and political stability, and so
much more,” Young said. After the Haiti earthquake, many children were sent into the
restavec system, where they were made to stay as domestic servants with a host family.
Over time, the system earned a reputation for exposing children to abuse and
exploitation. In many parts of the Philippines and Nepal, disaster victims often turn to
extended families for help. But apart from the risk that these distant relatives may be
traffickers, they may not have enough resources to support these displaced families. If
these host families are not identified and given the necessary assistance, disaster victims
will continue to remain vulnerable to trafficking. UNICEF, meanwhile, is working on
crafting special messages to advise parents on how to keep their children safe and

32
prevent accidental separation. Kiryn Lanning, ChildFund’s technical coordinator for
child protection, added that other agencies are implementing interventions targeted at
building family unity, to strengthen families’ ability to cope and protect children from
risk. Parents and community members are involved in the establishment and operation
of the growing number of child-friendly “safe spaces” in disaster-hit areas.

Create livelihood opportunities - Even if there is some knowledge of trafficking risks,

survivors still need a source of income to help them refuse lucrative and deceptive job
offers. “The sooner … family livelihood can be restored, the less vulnerable that family
or individuals within it are to being caught up in some sort of trafficking net,” Gerschutz
Bell said. Government agencies and donors have begun implementing food-for-work
programs, and have started working on providing low-cost housing and sending
children back to school. UNICEF, Save the Children and the Philippine government
have opened “child-friendly” spaces in Tacloban to make up for the destruction of day
care centers and schools and as a safe base for when parents need to be on the move,
looking for jobs and rebuilding their houses. While UNICEF provides tents, recreation
kits and specialized supplies for children, the local government supplies day care
workers, social workers, animators and youth volunteers. Amid these efforts, Flores-
Oebanda cautioned that local government units should maintain job facilitation desks,
at least in the midterm, to monitor recruitment practices in the community.

5.2 Recommendations with respect to Legal Framework and Law Enforcement

Firstly, liability should be cast upon police officials for not undertaking the immediate
rescue of victim when encountered with the situation of Commercial Sexual
Exploitation and trafficking or when informed about the incident. Government should
frame stringent laws to convict traffickers who indulge in trafficking of women and
children. The Law enforcement agencies should take action against such criminals.
Legislation needs to cater to proceedings in camera, right to compensation, right against
victimization, rehabilitation of victims of trafficking including child labour. In certain
situation/area the civil society organizations will have to be given legal immunities for
the actions taken by them to prevent and control re-trafficking.

“Commercial sexual exploitation” is sexual exploitation carried out as a commercial

activity and need not be carried out for a long time. One single instance may suffice, as
commercial sexual exploitation has become a transnational organized crime and as it is
difficult to prove the offence of “running a brothel” or “living on earnings of

33
prostitution”. Amendments may be brought in the ITPA authorizing a police officer of
a rank of SP to tape telephones of the accused under this Act and the evidence may be
admissible in the courts thus requiring amendments to the evidence Act. Commercial
sexual exploitation is no longer confined to brothels and has moved on to mobile and
cellular networks therefore such a provision would be of necessity in tracing out the
traffickers.

5.3 Suggestions Regarding Rehabilitation of Victims of Trafficking

Compensation to be paid for serious violation and deprivation of Fundamental rights.
Setting up of crime injuries, compensation fund; the model of compensation to victims
of rape may be adopted /extended to victims of trafficking. The women in prostitution
are in bondage condition for several years. As a result, there is a serious loss of identity
and the organised crime changes their names frequently. This ultimately leads to having
no identity and hence access to government schemes and government facilities are
completely not available to the Victims. The Government of India and the State
Government should at once issue identity cards, Ration Cards, UID Cards so that
domicile can be proved. Without these documents the women have no approach to the
government facilities.xxi

The victims of trafficking and prostitution who want to leave the place should be
provided residential facilities and rehabilitation scheme as soon as possible. All
schemes of social security and Health facilities should be accessible to victims of
trafficking. Legal aid and legal support should be provided to the victims. States in
destination area should also accept responsibility of victims as they are liable because
their fundamental rights violation has taken in the destination areas. This is because
many a times states pass on the responsibility of the victims on the home state and the
home states accepts no responsibility. Any scheme devised by the Government of India
should have strong budgetary support.xxii

Human trafficking in the aftermath of a disaster is a concern for the development

professionals. To address trafficking in persons, a need and rights-based approach is
required. This issue is complex as it encompasses socio-economic and political aspects
of a social system. The Sendai Framework is a useful tool to address areas in which
natural hazards disaster responses can begin to close these windows of opportunity for
traffickers and protect the well-being of those who are currently at high risk of being

34
trafficked. Resiliency efforts by the communities, as well as individual families, were
essential in preserving the well-being of the individuals, as were coordinated initiatives
by NGOs and the government. As natural hazards disasters continue to occur, there
remains a strong need to bring forth a more systematic disaster risk reduction and
resilience-enhancing approach to trafficking prevention.

35
DETAILED REFERENCES

i
Blaikie, P., T. Cannon, I. Davis, and B. Wisner, 1994. At Risk: Natural Hazards,
People’s Vulnerability and Disasters, London: Routledge.
ii
———. “What Predicts Human Trafficking?” International Journal of Comparative
and Applied Criminal Justice 31, no. 2 (September 2007): 269–79.
https://doi.org/10.1080/01924036.2007.9678771.
iii
Barner, John R., David Okech, and Meghan A. Camp. “Socio-Economic Inequality,
Human Trafficking, and the Global Slave Trade.” Societies 4, no. 2 (June 2014):148–
60. https://doi.org/10.3390/soc4020148.
iv
Box, Heidi. “Human Trafficking and Minorities: Vulnerability Compounded by
Discrimination.” In Topical Research Digest: Minority Rights, edited by Arianna
Nowakowski, 28–38. Denver: University of Denver, Josef Korbel School of
International Studies, 2011. https://www.du.edu/korbel/hrhw/researchdigest/minority/.
v
S. Matthewman, Disasters, Risks and Revelation: Making Sense of Our Times,
Palgrave Macmillan, New York, NY, 2015.
vi
Dutta Mondira. ‘Mapping Vulnerability to Trafficking of Women and Children in
India’, sponsored by UN Women and the National Commission for Women, March
2011, UN Women, New Delhi.
vii
Hines, Revathi I. 2007. Natural Disasters and Gender Inequalities: The 2004
Tsunami and the Case of India. Gender & Class. Vol.14, No.1/2 (2007); pp.60-68;
accessed on 15/07/2021 Indo-Asian News Service (IANS): 19th August, 2009
viii
B. Gyawali, J. Keeling, P. Kallestrup, Human trafficking in Nepal: post-earthquake
risk and response, Disaster Med. Public Health Prep. 11 (2) (2016) 153–154,
https://doi.org/10.1017/dmp.2016.121.
ix
Burke, Jason, and Manoj Chaurasia. “India Rescues Children from Traffickers
Exploiting Nepal Earthquake Aftermath.” The Guardian, May 25, 2015.
https://www.theguardian.com/world/2015/may/25/india-rescues-childrentraffickers-
exploiting-nepal-earthquake-aftermath.
x
Elwes, Jay, and Alexander Brown. “How Does India’s Caste System Work?” Prospect
Magazine, November 13, 2014. https://www.prospectmagazine.co.uk/magazine/how-
does-indias-caste-system-work.

36
xi
M.B. Gerrard, Climate Change and Human Trafficking after the Paris Agreement,
vol. 72, University of Miami Law Review, 2018, pp. 345–368, 2.
xii
Palermo Convention. 2000. Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime,
(https://treaties.un.org/doc/Publication/MTDSG/.../XVIII-12-a.en.pdf
accessed on 12 June 2021).
xiii
ibid.
xiv
Iselin, B., & Adams, M. (2003). Distinguishing between human trafficking and
people smuggling. UN Office on Drugs and Crime, Regional Centre for East Asia and
the Pacific, Bangkok, 10.
xv
ibid.
xvi
Hanni Stoklosa et al., Mitigating trafficking of migrants and children through
disaster risk reduction: Insights from the Thailand flood, International Journal of
Disaster Risk Reduction 60 (2021) 102268, available at www.elsevier.com/locate/ijdrr.
xvii
Space 2 Grow, Baseline Survey Report Combating Human Trafficking in Jharkhand.
xviii
Panda, S. M. (2013). 5 Exploring mobile livelihoods among tribal communities in
Odisha, India. Gender, Mobilities and Livelihood Transformations: Comparing
Indigenous People in China, India and Laos: Comparing Indigenous People in China,
India, and Laos, 93.
xix
Hameeda, S., Hlatshwayo, S., Tanner, E., Turker, M., & Yang, J. (2010). Human
Trafficking in India: Dynamic, Current Efforts, and Intervention Opportunities for the
Asia Foundation. Report by Stanford University for the Asia Foundation.
xx
ibid.
xxi
United Nations Global Assessment Report on Disaster Risk Reduction: From Shared
Risk to Shared Value: The Business Case for Disaster Risk Reduction (UNISDR 2013)
(http://www.zaragoza.es/contenidos/medioambiente/onu/1005-eng.pdf
accessed on 20 March’2015)
xxii
Van Impe, K. (2000). People for sale: The need for a multidisciplinary approach
towards human trafficking. International Migration, 38(3), 113-191.

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