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INDEX

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 ACKNOWLEDGEMENT

I wish to express my heartfelt gratitude to Mr. Sunil Mittal , my mentor

and supervisor for this assignment. It has been under his constant and
sincere guidance and motivation that I have been able to get through with
this assignment. He has lighted the path for me with his expertise and
attention throughout this assignment and it would not have been possible
come through this assignment without his counseling and persuasion.

Lastly, I would take an opportunity to thank my family and friends for

putting up and sticking up from end to end of the progression of the
assignment.

Shitiz Sharma

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 INTRODUCTION

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial
sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced
marriage , or the extraction of organs or tissues, including for surrogacy and ova removal. Human trafficking
can occur within a country or trans-nationally. Human trafficking is a crime against the person because of the
violation of the victim's rights of movement through coercion and because of their
commercial exploitation. Human trafficking is the trade in people, especially women and children, and does not
necessarily involve the movement of the person from one place to another.

In India, the trafficking in persons is for commercial sexual exploitation, forced labour, forced marriages and
domestic servitude is considered an organized crime. The Government of India applies the Criminal Law
(Amendment) Act 2013, active from 3 February 2013, as well as Section 370 and 370A IPC, which defines
human trafficking and "provides stringent punishment for human trafficking; trafficking of children for
exploitation in any form including physical exploitation; or any form of sexual exploitation, slavery, servitude
or the forced removal of organs." Additionally, a Regional Task Force implements the SAARC Convention on
the prevention of Trafficking in Women and Children.
Shri R.P.N. Singh, India's Minister of State for Home Affairs, launched a government web portal, the Anti
Human Trafficking Portal, on 20 February 2014. The official statement explained that the objective of the on-
line resource is for the "sharing of information across all stakeholders, States/UTs and civil society
organizations for effective implementation of Anti Human Trafficking measures." The key aims of the portal
are:
 Aid in the tracking of cases with inter-state ramifications.
 Provide comprehensive information on legislation, statistics, court judgements, United Nations
Conventions, details of trafficked people and traffickers and rescue success stories.
 Provide connection to "Trackchild", the National Portal on Missing Children that is operational in many
states.
Also on 20 February, the Indian government announced the implementation of a Comprehensive Scheme that
involves the establishment of Integrated Anti Human Trafficking Units (AHTUs) in 335 vulnerable police
districts throughout India, as well as capacity building that includes training for police, prosecutors and
judiciary. As of the announcement, 225 Integrated AHTUs had been made operational, while 100 more AHTUs
were proposed for the forthcoming financial year.

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Organ trade (also known as Red market) is the trading of human organs, tissues, or other body products,
usually for transplantation. According to the World Health Organization (WHO), organ trade is a commercial
transplantation where there is a profit, or transplantations that occurs outside of national medical systems. There
is a global need or demand for healthy body parts for transplantation, which exceeds the numbers available.
Criminal networks increasingly engage in kidnappings, especially of children and teenagers, who are then taken
to locations with medical equipment. There they are murdered and their organs harvested for the illegal organ
trade. Poverty and loopholes in legislation also contribute to the illegal trade of organs.
Though claims of organ trafficking are difficult to substantiate due to lack of evidence and reliable data, cases of
illegal organ trade have been tried and prosecuted. The persons and entities prosecuted have included criminal
gangs, hospitals, third-party organ brokers, nephrologists, and individuals attempting to sell their own organs.
Trafficking in organs is a form of human trafficking. It can take different forms. In some cases, the victim is
compelled into giving up an organ. In other cases, the victim agrees to sell an organ in exchange of
money/goods, but is not paid (or paid less). Finally, the victim may have the organ removed without the victim's
knowledge (usually when the victim is treated for another medical problem/illness – real or orchestrated
problem/illness). Migrant workers, homeless persons, and illiterate persons are particularly vulnerable to this
form of exploitation. Trafficking of organs is an organized crime, involving several offenders:
 the recruiter
 the transporter
 the medical staff
 the middlemen/contractors
 the buyers

Why organ trafficking is done?

Even if one can afford a transplant, finding a matching donor is difficult. Besides, under the law, only some people
related to the person in need are allowed to donate, and this further shrinks the number of prospective organ
donors.

The supply-demand gap for donor organs paves the way for illegal transplant and trade of human organs.

Organ trafficking, according to World Health Organization (WHO), is a commercial transplantation, where

there is profit, or transplantations occur outside of national medical systems. The WHO estimated in 2007 that

organ trafficking accounts for 5-10% of kidney transplants performed annually across the globe, and that in

India, around 2,000 Indians sell a kidney every year.

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Women and girls are usually trafficked for the purpose of sexual and economic exploitation, particularly
prostitution and pornography, forced labour, including for work in commercial agriculture and domestic work,
arranged marriages or to be ‘sold’ as brides, recruitment for participation in hostilities and such related purposes
as sexual services, portage and domestic functions in conflict situations.
Women’s and girls’ experience of trafficking is different to that of men and boys. Women and girls tend to suffer
a disproportionately heavy impact, whereas trafficked men find it difficult to access existing programmes for
victim assistance. This requires the inclusion of gender equality principles in the formulation and implementation
of legislation and programmes aiming at the prevention of trafficking in human beings.

DETERMINENTS OF WOMEN TRAFFICKING:

Poverty is one of the prime determinant of women trafficking. Furthermore, poverty deprives these women from
resources which further aggravate the issue. Poverty encompasses various dimensions which includes lack of
access to basic services, insecurity in daily life, disempowerment as human agency, and the inability to speak out
with dignity. As a result, the poor parents are forced to sell their daughters into domestic servitude, prostitution,
or forced marriages.
Lack of awareness and illiteracy are the other major factors related to women trafficking. Moreover, lack of
education limits the women from getting better earning opportunities, making them even more vulnerable to
exploitation. Furthermore, in poorer regions of the world, lack of sex and health education in the curriculum can
also lead societies into crime like human trafficking.

Women trafficking in India:

India is also a destination for women and girls from Nepal and Bangladesh trafficked for the purpose of
commercial sexual exploitation. Nepali children are also trafficked to India for forced labour in circus shows.
Indian women are trafficked to the Middle East for commercial sexual exploitation. Indian migrants who migrate
willingly every year to the Middle East and Europe for work as domestic servants and low-skilled labourers may
also end up part of the human-trafficking industry. In such cases, workers may have been 'recruited' by way of
fraudulent recruitment practices that lead them directly into situations of forced labour, including debt bondage;
in other cases, high debts incurred to pay recruitment fees leave them vulnerable to exploitation by unscrupulous
employers in the destination countries, where some are subjected to conditions of involuntary servitude,
including non-payment of wages, restrictions on movement, unlawful withholding of passports, and physical or
sexual abuse. In a recent survey in India, prostituted women cited the following reasons for their remaining in the
trade, reasons that have been echoed in all concerned countries. In descending order of significance, they are:
poverty and unemployment; lack of proper reintegration services, lack of options; stigma.

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social attitudes; family expectations and pressure; resignation and acclimatization to the lifestyle. The two
principal Indian laws that address trafficking and prostitution in The Suppression of Immoral Traffic in Women
and Girls Act of 1956 (SITA) and particular are: The Immoral Traffic (Prevention) Act of 1986 (ITPA),
colloquially called PITA, an amendment to SITA. Neither law prohibits prostitution per se, but both forbid
commercialized vice and soliciting. Aside from lack of enforcement, SITA is problematic in several ways. One
of its drawbacks is that the prescribed penalties discriminate on the basis of sex: a prostitute, defined under SITA
as always a woman, who is arrested for soliciting under SITA could be imprisoned for up to a year, but a pimp
faces only three months. SITA allowed prosecution of persons other than the prostitutes only if the persons
involved "knowingly" or "willingly" made women engage in prostitution. Accordingly, pimps, brothel owners,
madams, and procurers could feign ignorance of prostitution and escape punishment. The client, moreover, was
not viewed as an offender and could not be sanctioned under SITA. Finally, SITA only addressed street
prostitution; prostitution behind closed doors was left alone -- a loophole that actually promoted the
establishment of brothels.

According to a recent survey women are bought and sold with impunity and trafficked at will to other countries
from different parts of India. These girls and women are sourced from Dindigal, Madurai, Tiruchirapalli, and
Chengalpattu in TamilNadu, Gaya, Kishanganj, Patna, Katihar, Purnea, Araria and Madhubani from Bihar,
Murshidabad and 24 Parganas in West Bengal, Maharajgunj from UP, Dholpur, Alwar, Tonk from Rajasthan,
Mangalore, and Gulbarga and Raichur from Karnataka. These women and girls are supplied to Thailand, Kenya,
South Africa and Middle East countries like Bahrin, Dubai, Oman, Britain, South Korea and Philippines. They
are forced to work as sex workers undergoing severe exploitation and abuse. These women are the most
vulnerable group in contracting HIV infection. Due to unrelenting poverty and lack of unemployment
opportunities there is an increase in the voluntary entry of women into sex work. Trafficking both for
commercial sexual exploitation and for non-sex based exploitation is a transnational and complex challenge as it
is an organized criminal activity, an extreme form of human rights violation and an issue of economic
empowerment and social justice. The trafficking of women and children causes untold miseries as it violates the
rights and dignity of the individual in several ways. It violates the individual's rights to life, dignity, security,
privacy, health, education and redressal of grievances.

Reason for Increased Women/Young girl trafficking in India

The following are the reasons for increasing for women and young girl trafficking in India.

Forced marriage:
Girls and women are not only trafficked for prostitution but also bought and sold like commodity in many
regions of India where female ratio is less as compared to male due to female infanticide. These are then forced
to marry.

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Bonded labour:
Though debt labour is not known much but it is illegal in India and prevalent in our society. According to the
International Labour Organization there are more than 11.7 million people working as a forced labour in the
Asia-Pacific region. People running out of cash generally sell their kids as debt labour in exchange for cash.
Both boys and girls are sold for this purpose and generally not paid for years. Victims of human trafficking
have great chances of suffering from issues like mental disorders, depression and anxiety. Women forced into
sexual trafficking have at higher risk of getting affected from HIV and other STDs.

Legal Framework related to woman trafficking:

India has wide range of laws enacted by the Parliament and some State legislature, apart from provisions of the
Constitution which is the basic law of the country.

  Constitution of India
  Article 23- Protects against exploitation, prohibits traffic in humans and beggar and makes this
practice punishable under law.

 Article 24- Protects children below age 14 from working in factories, mines or other hazardous
employment.

 Indian Penal Code:

There are around 25 provisions for trafficking but some of the significant among them are as below-

  Section 366A- Inducing any minor girl under the age of eighteen years to go to any such place with
intent to forced or seduced illicit intercourse with another person shall be a punishable offence.

 Section 374- Punishes any person who for unlawfully compels any person to labour against his will.

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  Section 366B- Importing any girl under twenty-one years with the intent that she will be, forced or
seduced to illicit intercourse with another person is a punishable offence.

 Immoral Traffic (Prevention) Act 1956:

The Immoral Traffic (Prevention) Act, 1956 is the primary legislation for the prevention of sexual exploitation
for women and girls. The word “Trafficking” is defined only by the Goa Children’s Act, 2003, which is a state
law. Thus, while the ITPA is the main legislation related to the commercial sexual exploitation of children, it
does not define 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

Child Labour (Prohibition and Regulation) Act, 1986:

 The Act prohibits employment of children below specific age and in certain specified occupations. It
also imposes punishment for the employment of minor children.

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Information Technology Act, 2000:
The act penalises transmission of any such material in electronic form which is inappropriate and lascivious.
This act also addresses the problem of pornography.

Section 67A- Punishes publication or transmission of material containing sexually explicit act in electronic
form.

Section 68B- Punishes publication or transmission of material depicting children in sexual explicit act in
electronic form.

Juvenile Justice (Care and Protection of Children) Act, 2000:

The law is relevant for children who are vulnerable and are therefore likely to

be the victim of trafficking. It protects juveniles in need of care and protection.

International Instruments:
A list of Conventions and contents to eliminate the children’s sexual abuse-

1.  International Conventions for the Suppression of the Traffic is Persons and of the Exploitation of
the Prostitution of others, 1949

2. (Signed by India on May 9, 1950).

3. The Convention on Consent to Marriage, Minimum Age for Marriage and Registration for
Marriages- Convention enforced with effect from 9th December 1964.

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 1.  The Convention on the Elimination of All forms of Discrimination against Women (CEDAW)-
Convention enforced with effect from 3rd September 1981.

2. The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing
Rules) 1985, adopted by the United Nations General Assembly in November 1985.

3.  The Convention on the Rights of the Child (CRC), 1989 adopted on 2nd Sep 1990 (India ratified in
November 1992)

4.  United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines),
1990, adopted by the General Assembly in December 1990, complement the previously adopted
Beijing Rules.

5.  The Declaration on the Elimination of Violence Against Women, 1993

6.  The International Convention concerning the Prohibition and Immediate Action for the Elimination
of the Worst Forms of Child Labour (ILO Convention 182), 1999- Convention enforced with effect
from 19th November 2000.

CASE LAWS:

Trafficking through adoption rackets:

In Laxmi Kant Pandey vs Union of India (1984) 2 SCC 244

The Supreme Court while supporting inter-country adoptionstated  it is necessary to bear in mind that the
primary object of giving the child in adoption being the welfare of the child, great care has to be exercised in
permitting the child to be given in adoption to foreign parents, lest the child may be neglected or abandoned by
the adoptive parents in the foreign country or the adoptive parents may not be able to provide to the child a life
of moral or material security or the child may be subjected to moral or sexual abuse or forced labour or
experimentation for medical or other research and may be placed in a worse situation than that in his own
country. The court has laid down procedures to check and monitor inter country adoptions so that the children
don’t end up trafficked.

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BONDED LABOUR:
Bandhua Mukti Morcha Vs. Union of India and others AIR 1984 Supreme Court 802
 Whenever it is shown that a labourer is made to provide forced labour the Court would raise a presumption
that he is required to do so in consideration of an advance or other economic consideration and he is, therefore,
a bonded labourer entitled to the benefits under the law.The State government, the Vigilance Committees and
the District Magistrates will take the assistance of non-political social action groups and voluntary agencies for
the purpose of ensuring implementation of the provisions of law. The State government should adopt a non-
formal and unorthodox approach in implementation of the law which is an important instrument for ensuring
human dignity. The Central and State governments will take all necessary steps for the purpose of ensuring
that minimum wages are paid directly to the workmen employed in the stone quarries and stone crushers and
not thorough middlemen.

Care and Protection of Children:

Munni vs State of Mahrashtra –  Criminal Writ Petition No. 227/2011(Bombay High Court)
The menace of sexual abuse by immoral trafficking of children to force them somehow to enter in the business
of prostitution is age-old phenomenon and needs to be tackled by Central as well as State Government with
utmost care and precaution. Poverty, illiteracy or helplessness of parents may make the minor girl vulnerable
to sexual abuse/exploitation. Protecting children against any perceived or real danger/risk to their life, their
person-hood and childhood is necessary. It is about reducing their vulnerability to any kind of harm or harmful
situations. It is also about protecting children against social, psychological and emotional insecurity and
distress. It must ensure that no child falls out of the social security and safety net and those who do, receive
necessary care and protection to be brought back into the safety net by child-friendly measures.

Trafficking through Brothel:

Geeta Kancha Tamang vs State of Mahrashtra Criminal Appeal No. 858 of 2009
While denying the release of a women trafficker, on mercy grounds, who had served 14 months imprisonment
the court stated that the first aspect that the Court has to consider for such a heinous crime is that trafficking in
persons is prohibited under Article 23 of the Constitution of India. It is, therefore, the Fundamental Right of
every Indian citizen not to be trafficked. Such act constitutes the grossest violence of the Human Rights of the
victim child. “The offence is prone to repetition since the Applicant is shown to be a brothel owner and
accordingly carries on the business of running a brothel, in which, inter alia, a child was detained. Despite the
specific provision under Section 18 of the ITP Act, the learned APP states, upon instructions, that the
prosecution has not taken any steps for closure of the brothel or for eviction of the offenders from the brothel
premises. In fact, the Applicant’s Advocate also stated to Court that the brothel has not been sealed, as required
under Section 18 of the ITP Act. The same offence, albeit for violations upon other persons, including
children, is liable to be committed if the Applicant is released, since she is the owner of the brothel which has
not even been closed/sealed.”

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ORGAN TRAFFICKING IN INDIA:

Before 1994, India had no legislation banning the sale of organs. Low costs and high availability brought in
business from around the globe, and transformed India into one of the largest kidney transplant centers in the
world. However, several problems began to surface. Patients were often promised payments that were much
higher than what they actually received. Other patients reported that their kidneys were removed without their
consent after they underwent procedures for other reasons.
In 1994, the country passed the Transplantation of Human Organs Act (THOA), banning commerce in organs
and promoting posthumous donation of organs. The law's primary mechanism for preventing the sale of organs
was to restrict who could donate a kidney to another person. In particular, the THOA bars strangers from
donating to one another; a person can only donate to a relative, spouse, or someone bound by "affection." In
practice, though, people evade the law's restrictions to continue the trade in organs. Often, claims of "affection"
are unfounded and the organ donor has no connection to the recipient. In many cases, the donor may not be
Indian or even speak the same language as the recipient. There have also been reports of the donor marrying the
recipient to circumvent THOA's prohibition.

LEGAL FRAMEWORK FOR ORGAN TRAFFICKING:

The Transplantation of Human Organs Act, 1994:

1. Short title, application and commencement.—

(1) This Act may be called the Transplantation of Human Organs Act, 1994.
(2) It applies, in the first instance, to the whole of the States of Goa, Himachal Pradesh and Maharashtra and to
all the Union territories and it shall also apply to such other State which adopts this Act by resolution passed in
that behalf under clause (1) of Article 252 of the Constitution.
(3) It shall come into force in the States of Goa, Himachal Pradesh and Maharashtra and in all the Union
territories on such date1 as the Central Government may, by notification, appoint and in any other State which
adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption; and any
reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, means
the date on which this Act comes into force in such State or Union territory.

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2) Definitions.—In this Act, unless the context otherwise requires,—
(a) “advertisement” includes any form of advertising whether to the public generally or to any section of the
public or individually to selected persons;
(b) “Appropriate Authority” means the Appropriate Authority appointed under section 13;
(c) “Authorisation Committee” means the committee constituted under clause (a) or clause (b) of sub-section (4)
of section 9;
(d) “brain-stem death” means the stage at which all functions of the brain-stem have permanently and
irreversibly ceased and is so certified under sub-section (6) of section 3;
(e) “deceased person” means a person in whom permanent disappearance of all evidence of life occurs, by
reason of brain-stem death or in a cardio-pulmonary sense, at any time after live birth has taken place;
(f) “donor” means any person, not less than eighteen years of age, who voluntarily authorises the removal of any
of his human organs for therapeutic purposes under sub-section (1) or sub-section (2) of section 3;
(g) “hospital” includes a nursing home, clinic, medical centre, medical or teaching institution for therapeutic
purposes and other like institution;
(h) “human organ” means any part of a human body consisting of a structured arrangement of tissues which, if
wholly removed, cannot be replicated by the body;
(i) “near relative” means spouse, son, daughter, father, mother, brother or sister;
(j) “notification” means a notification published in the Official Gazette;
(k) “payment” means payment in money or money’s worth but does not include any payment for defraying or
reimbursing—
(i) the cost of removing, transporting or preserving the human organ to be supplied; or
(ii) any expenses or loss of earnings incurred by a person so far as reasonably and directly attributable to his
supplying any human organ from his body;
(l) “prescribed” means prescribed by rules made under this Act;
(m) “recipient” means a person into whom any human organ is, or is proposed to be, transplanted;
(n) “registered medical practitioner” means a medical practitioner who possesses any recognised medical
qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and
who is enrolled on a State Medical Register as defined in clause (k) of that section;
(o) “therapeutic purposes” means systematic treatment of any disease or the measures to improve health
according to any particular method or modality; and
(p) “transplantation” means the grafting of any human organ from any living person or deceased person to some
other living person for therapeutic purposes.

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3)Authority for removal of human organs.—
(1) Any donor may, in such manner and subject to such conditions as may be prescribed, authorise the removal,
before his death, of any human organ of his body for therapeutic purposes.
(2) If any donor had, in writing and in the presence of two or more witnesses (at least one of whom is a near
relative of such person), unequivocally authorised at any time before his death, the removal of any human organ
of his body, after his death, for therapeutic purposes, the person lawfully in possession of the dead body of the
donor shall, unless he has any reason to believe that the donor had subsequently revoked the authority aforesaid,
grant to a registered medical practitioner all reasonable facilities for the removal, for therapeutic purposes, of
that human organ from the dead body of the donor.
(3) Where no such authority as is referred to in sub-section (2), was made by any person before his death but no
objection was also expressed by such person to any of his human organs being used after his death for
therapeutic purposes, the person lawfully in possession of the dead body of such person may, unless he has
reason to believe that any near relative of the deceased person has objection to any of the deceased person’s
human organs being used for therapeutic purposes, authorise the removal of any human organ of the deceased
person for its use for therapeutic purposes.
(4) The authority given under sub-section (1) or sub-section (2) or, as the case may be, sub-section (3) shall be
sufficient warrant for the removal, for therapeutic purposes, of the human organ; but no such removal shall be
made by any person other than the registered medical practitioner.
(5) Where any human organ is to be removed from the body of a deceased person, the registered medical
practitioner shall satisfy himself, before such removal, by a personal examination of the body from which any
human organ is to be removed, that life is extinct in such body or, where it appears to be a case of brain-stem
death, that such death has been certified under sub-section (6).
(6) Where any human organ is to be removed from the body of a person in the event of his brain-stem death, no
such removal shall be undertaken unless such death is certified, in such form and in such manner and on
satisfaction of such conditions and requirements as may be prescribed, by a Board of medical experts consisting
of the following, namely:—
(i) the registered medical practitioner, in charge of the hospital in which brain-stem death has occurred;
(ii) an independent registered medical practitioner, being a specialist, to be nominated by the registered medical
practitioner specified in clause (i), from the panel of names approved by the Appropriate Authority;
(iii) a neurologist or a neurosurgeon to be nominated by the registered medical practitioner specified in clause
(i), from the panel of names approved by the Appropriate Authority; and
(iv) the registered medical practitioner treating the person whose brain-stem death has occurred.
(7) Notwithstanding anything contained in sub-section (3), where brain-stem death of any person, less than
eighteen years of age, occurs and is certified under sub-section (6), any of the parents of the deceased person
may give authority, in such form and in such manner as may be prescribed, for the removal of any human organ
from the body of the deceased person.

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5) Removal of human organs not to be authorised in certain cases.—
(1) No facilities shall be granted under sub-section (2) of section 3 and no authority shall be given under sub-
section (3) of that section for the removal of any human organ from the body of a deceased person, if the person
required to grant such facilities, or empowered to give such authority, has reason to believe that an inquest may
be required to be held in relation to such body in pursuance of the provisions of any law for the time being in
force.
(2) No authority for the removal of any human organ from the body of a deceased person shall be given by a
person to whom such body has been entrusted solely for the purpose of interment, cremation or other disposal.
6)Authority for removal of human organs in case of unclaimed bodies in hospital or
prison.—
(1) In the case of a dead body lying in a hospital or prison and not claimed by any of the near relatives of the
deceased person within forty-eight hours from the time of the death of the concerned person, the authority for
the removal of any human organ from the dead body which so remains unclaimed may be given, in the
prescribed form, by the person in charge, for the time being, of the management or control of the hospital or
prison, or by an employee of such hospital or prison authorised in this behalf by the person in charge of the
management or control thereof.
(2) No authority shall be given under sub-section (1) if the person empowered to give such authority has reason
to believe that any near relative of the deceased person is likely to claim the dead body even though such near
relative has not come forward to claim the body of the deceased person within the time specified in sub-section
(1).
7) Authority for removal of human organs from bodies sent for post-mortem examination
for medico-legal or pathological purposes.—Where the body of a person has been sent for
post-mortem examination—
(a) for medico-legal purposes by reason of the death of such person having been caused by accident or any other
unnatural cause; or
(b) for pathological purposes, the person competent under this Act to give authority for the removal of any
human organ from such dead body may, if he has reason to believe that such human organ will not be required
for the purpose for which such body has been sent for post-mortem examination, authorise the removal, for
therapeutic purposes, of that human organ of the deceased person provided that he is satisfied that the deceased
person had not expressed, before his death, any objection to any of his human organs being used, for therapeutic
purposes after his death or, where he had granted an authority for the use of any of his human organs for
therapeutic purposes after his death, such authority had not been revoked by him before his death.

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8)Preservation of human organs.—After the removal of any human organ from the body of any person,
the registered medical practitioner shall take such steps for the preservation of the human organ so removed as
may be prescribed.
.9) Savings.—
(1) Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful any dealing with the
body or with any part of the body of a deceased person if such dealing would have been lawful if this Act had
not been passed.
(2) Neither the grant of any facility or authority for the removal of any human organ from the body of a
deceased person in accordance with the provisions of this Act nor the removal of any human organ from the
body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under
section 297 of the Indian Penal Code (45 of 1860).
10) Restrictions on removal and transplantation of human organs.—
(1) Save as otherwise provided in sub-section (3), no human organ removed from the body of a donor before his
death shall be transplanted into a recipient unless the donor is a near relative of the recipient.
(2) Where any donor authorises the removal of any of his human organs after his death under sub-section (2) of
section 3 or any person competent or empowered to give authority for the removal of any human organ from the
body of any deceased person authorises such removal, the human organ may be removed and transplanted into
the body of any recipient who may be in need of such human organ.
(3) If any donor authorises the removal of any of his human organs before his death under sub-section (1) of
section 3 for transplantation into the body of such recipient, not being a near relative, as is specified by the
donor by reason of affection or attachment towards the recipient or for any other special reasons, such human
organ shall not be removed and transplanted without the prior approval of the Authorisation Committee.
(4) (a) The Central Government shall constitute, by notification, one or more Authorisation Committees
consisting of such members as may be nominated by the Central Government on such terms and conditions as
may be specified in the notification for each of the Union territories for the purposes of this section.
(b) The State Government shall constitute, by notification, one or more Authorisation Committees consisting of
such members as may be nominated by the State Government on such terms and conditions as may be specified
in the notification for the purposes of this section.
(5) On an application jointly made, in such form and in such manner as may be prescribed, by the donor and the
recipient, the Authorisation Committee shall, after holding an inquiry and after satisfying itself that the
applicants have complied with all the requirements of this Act and the rules made thereunder, grant to the
applicants approval for the removal and transplantation of the human organ.
(6) If, after the inquiry and after giving an opportunity to the applicants of being heard, the Authorisation
Committee is satisfied that the applicants have not complied with the requirements of this Act and the rules
made thereunder, it shall, for reasons to be recorded in writing, reject the application for approval.

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11)Punishment for removal of human organ without authority.—
(1) Any person who renders his services to or at any hospital and who, for purposes of transplantation,
conducts, associates with, or helps in any manner in, the removal of any human organ without authority, shall
be punishable with imprisonment for a term which may extend to five years and with fine which may extend to
ten thousand rupees.
(2) Where any person convicted under sub-section (1) is a registered medical practitioner, his name shall be
reported by the Appropriate Authority to the respective State Medical Council for taking necessary action
including the removal of his name from the register of the Council for a period of two years for the first offence
and permanently for the subsequent offence.
12) Punishment for commercial dealings in human organs.—Whoever—
(a) makes or receives any payment for the supply of, or for an offer to supply, any human organ;
(b) seeks to find a person willing to supply for payment any human organ;
(c) offers to supply any human organ for payment;
(d) initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an
offer to supply, any human organ;
(e) takes part in the management or control of a body of persons, whether a society, firm or company, whose
activities consist of or include the initiation or negotiation of any arrangement referred to in clause (d); or
(f) publishes or distributes or causes to be published or distributed any advertisement,—
(a) inviting persons to supply for payment of any human organ;
(b) offering to supply any human organ for payment; or
(c) indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause (d), shall
be punishable with imprisonment for a term which shall not be less than two years but which may extend to
seven years and shall be liable to fine which shall not be less than ten thousand rupees but may extend to twenty
thousand rupees: Provided that the court may, for any adequate and special reason to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than two years and a fine less than ten thousand
rupees.
13) Punishment for contravention of any other provision of this Act.—Whoever contravenes
any provision of this Act or any rule made, or any condition of the registration granted, thereunder for which no
punishment is separately provided in this Act, shall be punishable with imprisonment for a term which may
extend to three years or with fine which may extend to five thousand rupees.

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Preventive measures for trafficking:
For woman trafficking:

Education and Awareness Raising

Education initiatives may be directed toward the general public, as a form of awareness raising and information
campaigns, or toward women and girls who are vulnerable to being trafficking. There are a number of ways that
information can be disseminated to the public- through press conferences, media campaigns, public service
announcements, distribution of informational leaflets, documentary films and email and the Internet, for
example.

Regardless of the manner in which information is conveyed to the public, an effective anti-trafficking campaign
should take into consideration both the audience and the message that is to be conveyed. The U.S. National
Advisory Council on Violence against Women has developed a Toolkit to End Violence Against Women which
contains concrete guidelines to NGOs, community and policy leaders who are working to end violence against
women in all forms. While, the toolkit does not address trafficking specifically, it does include a chapter
on Educating and Mobilizing the Public about Violence against Women with guidelines and action items on
public education.

The United Nations Development Fund for Women (UNIFEM), in cooperation with the Media Materials
Clearinghouse (Johns Hopkins Center for Communications Programs), has published a compilation of
materials, Picturing a Life Free From Violence: Media and Communications Strategies to End Violence
Against Women that includes sample campaigns developed around the world to address trafficking and
commercial sexual exploitation. More information about and guidelines for working with the media can be
found in the Training section.

Training Programs and Technical Cooperation

Professional training programs, while educational, are distinct from the general awareness raising projects
discussed above. The objective for training programs on trafficking in women is to provide technical
instruction, assistance and support for professionals who are already working to address the problem. Training
is geared toward law enforcement agents, prosecutors, the judiciary, lawyers, immigration officers, medical
personnel and NGO representatives. Effective training, most often carried out by NGOs, requires facilitators
who themselves have been educated in training techniques. Guidelines for Developing a Training Program can
be found on this site. Sample training programs on the issue of trafficking in women can be found in
the Training section.

Technical cooperation can also take the form of local, national, regional or international conferences. The
OSCE promotes cooperation between participating States through meetings in which experts can "discuss
specific needs and challenges, share approaches and best practices, and promote joint actions between origin
and destination countries." Technical cooperation can be take place between small groups of experts or between
one or two countries and do not necessarily have to be on the level of an international conference. The main
goal of technical cooperation is to share expertise in order improve each country's ability to respond to the
needs of trafficking victims and to facilitate international efforts to combat the problem.

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Lobbying

Long-term work to prevent trafficking includes putting pressure on national governments to take the problem
seriously. NGOs, at the local, national and international levels, can engage in lobbying for such changes as
strengthening legislation against trafficking, the allocation of resources to combat trafficking, increased
government spending on protection of and services for victims of trafficking and for government sponsored
anti-trafficking campaigns. Effective lobbying requires specific strategies such as the need to clearly identify
the desired change, to develop a plan of action and to gather support for the issue. More information about
developing lobbying strategies can be found in the Advocacy section.

Role of Non Governmental Organization

The term NGO embraces a wide variety of organizations, NGOs will mean ‘exogenous or indigenous voluntary
private non-profit organizations that are engaged in relief, rehabilitation and development programmes using
finance raised from voluntary, private sources, and the donor agencies and managing themselves autonomously
at local, national and or international levels’. NGOs working for the social cause can be considered as
complimentary to the role played by the police in investigating, rescue operation of victims of trafficking. This
is fathering considerable momentum through claims that NGOs are efficient and effective, that they are
innovative, participative, in the areas they work. NGO’s have played a major role in creating public awareness
of various problems in the society either through newsletter, publishing articles in the journals, organizing
seminars, conferences, encouraging research on the human rights violation topics and also it conducts survey
and exposes before the society the actual status.

Statistics of NGOs functioning in India

The Central Bureau of Investigation issued its estimate in response to a Supreme Court order in September
2013. It found 13 lakh NGOs in the States and Union Territories that submitted their data. In Uttar Pradesh
alone 5,48,194 NGOs are operating, Kerala had 3,69,137 NGOs, Maharashtra 1, 07797, Madhya Pradesh 1,
40,000 and Gujarat has 75,729 NGOs. But 11 states including Delhi, Andhra Pradesh, Karnataka and West
Bengal failed to respond. CBI submitted its affidavit to the Supreme Court on July 2015 that there are a total of
around 31 lakhs NGOs in 26 states. There are more than 82,000 NGOs registered in seven Union Territories of
India.

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Role of media:
Enabling Public Visibility through the “right” images
Using images as a powerful tool in helping audience visualize the crime, is a big responsibility of the media
outlets, which should have the right knowledge and cautiousness regarding the symbolism and sensitivities that
they represent. Attaching images to human trafficking coverage should cultivate in public the principle of un-
commodify of human beings.

Responsible advertising
Advertisements in the print or online media providing information for services/jobs, etc. can sometimes result
into exploitation of trafficked victims. To help prevent media outlets becoming a conduit for the exploitation of
people, media should empower them to have the potential to follow these principles:
 Provide trafficking hotlines alongside adult classified listings
 Cooperate with police in investigations where they are able
.

Promoting Discretion
Media has the duty of respecting discretion with reference to personal information about victims, prioritizing
their anonymity, considering their difficulty to reintegrate into society and the possibility of their re-
victimization being always present. Due to the lack of a realistic validation of these cases, the challenge in
covering such stories is narrating them undocumented. However, by pointing out the connection between our
daily lives and modern day slavery, through these stories media plays a great role in holding the perpetuators
“on the hook”, but also call upon the society, consumers and governments.

Using reliable data and investigate independently

In response to unreliable official data, debatable diverse methodology used by other entities, journalists should
have the tools to dig deeper into the issue of human trafficking aiming to portray it more responsibly,
sensitively and ethically. Reporters often are led by numbers and look for provable traces, but reliable statistics
related to human trafficking are difficult to find, especially in the developing countries where Internews work is
focused. Human trafficking is a clandestine crime and few survivors come forward for fear of retaliation,
shame, or lack of understanding of what is happening to them. Numbers are not always the story. To make
awareness raising sustainable, continues investigative journalism on trafficking should be promoted and
encouraged.

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Role of state:

With a view to tackle the menace of human trafficking, Ministry of Home Affairs,
Government of India has undertaken a number of measures such as:
Administrative measures and interventions
Anti Trafficking Cell (ATC): Anti-Trafficking Nodal Cell was set up in the Ministry of Home Affairs
(MHA) (CS Division in 2006 to act as a focal point for communicating various decisions and follow up on
action taken by the State Governments to combat the crime of Human Trafficking. MHA conducts
coordination meetings with the Nodal Officers of Anti Human Trafficking Units nominated in all States/UTs
periodically.

Advisories: To improve the effectiveness in tackling the crime of human trafficking and to increase the
responsiveness of the law enforcement machinery, MHA has issued following comprehensive advisories to all
States/UTs:
Advisory for preventing crime of human trafficking date 9.9.2009.
Advisory on crime against children dated 14th July, 2010.
Advisory on missing children dated 31st January, 2012.
Advisory on Preventing and Combating cyber crime against children dated 4.1.2012.
Advisory on Human Trafficking as Organised Crime dated 30th April, 2012.
Advisory on Preventing and combating human trafficking in India-dealing with foreign nationals dated
1.5.2012.
SOP to handle trafficking of children for child labour dated 12.8.2013.
Advisory on MHA Web Portal on Anti Human Trafficking dated 5.5.2014.
Advisory dated 23.7.2015 for associating SSB and BSF in crime meetings.

Ministry of Home Affairs' scheme : Ministry of Home Affairs under a Comprehensive Scheme
Strengthening law enforcement response in India against Trafficking in Persons through Training and Capacity
Building, has released fund for establishment of Anti Human Trafficking Units for 270 districts of the country.

Strengthening the capacity building: To enhance the capacity building of law enforcement agencies and
generate awareness among them, various Training of Trainers (TOT) workshops on Combating Trafficking in
Human Beings for Police officers and for Prosecutors at Regional level, State level and District level were held
throughout the country.

Judicial Colloquium: In order to train and sensitize the trial court judicial officers, Judicial Colloquium on
human trafficking are held at the High court level. The aim is to sensitize the judicial officers about the various
issues concerning human trafficking and to ensure speedy court process. So far, eleven Judicial Colloquiums
have been held at Chandigarh, Delhi, Himachal Pradesh, Maharashtra, Chhattisgarh, Tamil Nadu, Andhra
Pradesh, Bihar, Uttar Pradesh, Jharkhand and Odisha.

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 CONCLUSION

Human trafficking jeopardizes the dignity and security of trafficked individuals, and severely violates their
human rights. Constitutions of India guarantee the equal rights of men and women, but they are often merely
rhetoric when it comes to the question of practical implementation. In order to combat trafficking and thus to
protect the human rights of the vulnerable people, strong political will of the government is vital in
implementing their anti-trafficking mandates. Thus we can say any crime which can be used as business one day
becomes a big social evil as in the case of human trafficking. The problem is still in our hands to be solved if the
strong steps are taken deliberately and policies are made and implemented strictly. If timely steps are not taken
then in very short time it will remain late but too late.Mainly human trafficking is done for the purpose of
woman trafficking for sexual purpose and organ trafficking as well.

Women trafficking and its consequences are not only far away and other people’s problem. It is a problem of
our daily life and happens right here in Winnipeg as well as in almost every other “civilized” city all over the
world. Poverty and illiteracy are the main elements constituting the substratum for trafficking. The number of
non-governmental organisations working in the field has increased enormously during the last few years.
However, the vast majority of them are located in urban centres and very few have grassroots connections.
Women trafficking touch every country and countless industries worldwide, and while there are many
individuals and organisations working globally to combat this problem, it may take time before it is fully
realised just how huge this issue is. . The absence of a national coordinating/monitoring agency has been a
serious impediment in justice delivery and protection of human rights. Therefore, in order to ensure the best
interests of the victims, to bring about effective coordination at the national level and to coordinate preventive
strategies, programmes and policies, there is also a need for a national nodal agency to combat trafficking.

Even though the ‘Transplantation of Human Organs Act’ (THOA), 1994, has considerably reduced organ
trafficking in India, it is still happening in a subtle way. Indebtedness to moneylenders and availability of the
organ market is pushing poor people to sell their organs, especially kidneys. In the long run, more than the
kidney buyer, the main beneficiaries of the kidney trade are the brokers, the doctors, the transplant centers, and
the drug companies. Organ trafficking is happening mostly through ‘five-star’ hospitals in the name of
transplant tourism. Even though the government has enacted the law (THOA) and implementing mechanism,
those in the kidney market find loopholes to sustain the market.

Further success depends upon the effective implementation of the law as well as the availability of sufficient
organs through live and deceased organ donation programs. There need to be organized strategies to educate
healthcare professionals as well as the general public regarding the importance of organ donation. Media,
religious leaders and educational institutions need to be involved, and the Indian Society of Nephrology can be a
significant partner in this process.

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 BIBLIOGRAPHY

1) link.springer.com

2) https://www.atrainceu.com

3) https://www.mea.gov.in/human-trafficking.html

4) https://www.canr.msu.edu

5) https://journals.lww.com

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