CHAPTER- I

1.1 Introduction
Trafficking is a term used to describe the illegal trade across borders of goods - especially
contraband, such as drugs - for profit. Over the last few decades, the concept has been
expanded to cover the illegal transport of human beings, in particular women and children,
for the purpose of selling them or exploiting their labour. Trafficking in human beings is a
highly lucrative industry. It has been identified as the fastest growing criminal industry in the
world. It is a well established international phenomenon of recent times. Among the
organized crimes, trafficking in human beings stands as the third largest category in terms of
profit after drugs and arms smuggling. Human trafficking is a multidimensional form of
exploitation which violates basic and inalienable rights of the trafficked victims.1
One of the fastest growing areas of international criminal activity, trafficking in persons
especially women and children has become a serious concern almost for all countries,
regardless of whether they are countries of origin, transit or destination. It is a growing
phenomenon involving transnational organized crime syndicates. Women and children have
been trafficked for commercial sexual exploitation, forced marriages, illegal adoptions, organ
trade, sex tourism and pornography, as domestic workers, labourers in sweat shops and on
construction sites, as beggars, and for camel jockeys. The increasing use of new information
technology, in particular, the internet, has altogether added a new dimension to the problem
faced. Poverty and economic deprivation - the gap between the rich and the poor within
countries and between different regions has especially made women more vulnerable to
human trafficking. Lured by the hope of an improvement in their economic circumstances,
they are often unwittingly duped and coerced into exploitative slave like situations.
Trafficking, therefore, is regarded as a contemporary form of slavery and a gross violation of
basic human rights of trafficked persons.2
Human trafficking is a highly complex process involving many actors-victims, survivors,
their families, communities, and third parties that recruit, transport, harbor, and use the

1
Aparna Srivastava, “Human Trafficking with Special Reference to Delhi”, A William Carey Study and Research
Centre and Joint Women’s Programme Publication, 1 (2006).
2
Gunjan Kinnu, “From Bondage to Freedom: An Analysis of International Legal Regime on Human Trafficking”
National Human Rights Commission Publication, 1 (2006).

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labour of trafficked victims. Given its complex nature it has generally been found that
trafficking is essentially a gender and age specific phenomenon affecting mostly women and
children rather than men. There are undoubtedly instances of trafficking of men as well.
However, trafficking in men in no way approximates the dimensions of trafficking in women
and children. Men are generally smuggled or illegally transported, whereas, women and
children are trafficked. Further trafficking has to be seen as part of the process of
international migration as trafficking involves movement of people. Lopsided globalization
of the late twentieth century has added to the problem by facing the movement of capital but
restricting the movement of labour, by following respective migration policies. This has
created extensive opportunities for illegal migrations, networks and trafficking to flourish.
Trafficking also poses serious public health concerns. The victims of trafficking are most
vulnerable to HIV/AIDS leading many organizations to address human trafficking issue
while working on prevention of HIV/AIDS.3

1.2 Human Trafficking and Human Smuggling

In the context of trans-border crime, both, human trafficking and human smuggling are the
two distinct forms, but inter-related outcomes of illegal migrations. But generally people do
not make a difference between these two concepts. Sometimes, human trafficking is confused
with human smuggling that involves facilitation, transportation, attempted transportation or
procurement of an illegal entry of a person into another country of which he/she is neither a
citizen nor a permanent resident, for the purpose of financial or material benefits. Person who
has been smuggled pays large amount of wealth and enter a country clandestinely, or through
deception, such as the use of fraudulent documents. Unlike trafficking victims, the smuggled
person usually consents to be smuggled. The relationship between the smuggler and the
smuggled person is a voluntary business transaction. This relationship usually ends after
crossing the border. Apart from this, in smuggling person being smuggled is not victim of
fraud and coercion. He/she, generally, cooperates with the smugglers. The smuggled person
is free to leave or change the job in the destination country. It is always crossing of an
international border. In nutshell, human trafficking is a much bigger level of exploitation
than that of human smuggling. Trafficking in human beings is crime against individuals as

3
Jyoti Sanghera, “Trafficking of Women and Children in South Asia: Taking Stock and Moving Ahead”, Project
Sponsored by the UNICEF and Save the Children Alliance, 7 (1999).

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 well as states whereas human smuggling is crime against state in which exploitation of
person does not exist.4
According to Union Council Framework Decision on Combating Human Trafficking,
there are three basic differences between human smuggling and human trafficking as
summarized below:

 Source of Benefit: The primary source of profit and thus also the primary purpose of human
trafficking is exploitation. In contrast, smugglers generate their profit through facilitating
illegal entry or stay. After reaching destination country the relationship between migrant and
smuggler usually ends.

 Trans-nationality: Migrant smuggling always has a trans-national dimension involving at

least two countries. But in case of trafficking it can be within the borders of a particular state.

 Victimization: Smuggling does not necessarily involve the victimization of the migrant.
Migrant smuggled generally consent to the smuggled. In contrast, victims of trafficking have
either never consented or if they have given initial consent it became meaningless by the
means by which the trafficker had gained control over the victim such as deception or
violence. Smuggled person is part of crime and trafficked person is victim of crime.5
These differences show that trafficking in human beings is higher level of exploitation than
human smuggling, in which the victim is exploited for mutual profits. Usually trafficked
person is controlled by traffickers from every aspect. Traffickers earn from the services of
trafficked persons. The victim of trafficking had no role or very little role in crossing of
international borders illegally. Sometimes it had been observed that person starts his journey
to green pastures as smuggling but on the way he becomes victim of trafficking, when he is
exploited to give more money to smuggler and his movements are checked and his consent
was achieved through fraud and on false promises of safe and legal journey to desired
destination. It has been observed that when caught or arrested by law enforcing agencies or
police, the victim of trafficking is also treated as culprit and faces tenable punishment and
exploitation as it should be in case of human smuggling only where both the smuggler and
smuggled are culprit in equal proportions. Main reason of these that irrespective of these
distinctions between human trafficking and human smuggling, sometimes as it has been
4
Gurnam Singh and Harbilas Singh, “Human Trafficking: a Conceptual Framework” 4 Journal of Siberian Federal
University, Humanities & Social Sciences 485-500 (2013).
5
Ibid. at 489.

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observed that creating a workable distinction between smuggling and trafficking becomes
impossible for the researchers, policymakers and law enforcement agencies. Reason being,
smuggled migrants also become victims of trafficking and this makes it difficult to
distinguish between a situation of trafficking and a situation of smuggling. Many times
traffickers get the consent of victims through deceptive or fraudulent means while promising
and ensuring them a safe travel and transport and even a certain and high standard job at the
destination. Such smuggled migrants are exposed to abuse and exploitation either while
being transported or on arrival. Hence, they are recruited as smuggled migrants, but turned
into the victims of trafficking.6
1.3 Review of the Literature
Research work without the help and review of previous researches performed cannot be
completed. One has to review the existing literature on the subject because it helps in
analyzing the future things more effectively. It not only provides guidance but also shows the
right direction to be followed. The researcher has tried to scan the literature available to him
for his initial study to start his Dissertation. Some important books on the subject are
discussed below:-

Alex A. Aronowitz in his book “Human Trafficking, Human Misery: The Global Trade in
Human Beings”7 says that virtually all countries in the world are affected by the scourge of
human trafficking, either as a source, transit or destination country or a combination thereof.
The author says patterns of trafficking vary across countries and regions and are in a constant
state of flux. Countries have long focused on trafficking solely for the purpose of sexual
exploitation, yet exploitation in agriculture, construction, fishing, manufacturing and the
domestic and food service industries are prevalent in many countries. Taking a victim -
oriented approach, the author considers the criminals and criminal organizations that traffic
and exploit their victims. She also focuses on the different groups of victims as well as the
various forms of markets or trafficking many of which have been overlooked due to an
emphasis on sex trafficking. The author further explores less frequently discussed forms of
trafficking in organs, child soldiers, mail order brides, and adoption, as well as the use of
internet in trafficking.
6
Id. at 490.
7
Alex a. Aronowitz, Human Trafficking, Human Misery: The Global Trade in Human Beings (Greenwood
Publishing Group, 2009)

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Siddharth Kara in his book “Sex Trafficking: inside the Business and Modem Slavery” 8 try
to explain human trafficking from a business/economic point of view. The author penetrates
seedy underworlds and forced labour markets to meet the women and children in the
“dungeon of human disgrace” in Asia, Europe and US. He highlights ubiquitous and
disturbing trends, the heavy involvement of law enforcement agencies and personnel in
human trafficking and slavery. The author has also taken into consideration various cultural
factors (giving reference of Thai women) which are responsible for trafficking including
slavery, forced agricultural work, begging and organ harvesting.

Tom Obokata in “Trafficking of Human Beings: From a Human Rights”9 Perspective

makes an attempt to provide an overview of the global human trafficking system. According
to the author, it has been estimated that between 600,000 and 800,000 people, the majority of
whom are women and children are trafficked each year worldwide. The author in this book
has taken into consideration the importance of various United National documents including
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children and United Nations Convention against Transnational Organized
Crime, 2000. The author attempts to establish a human rights framework to analyze and
address the act by identifying applicable human rights norms and principles from the
beginning to the end of the trafficking process, such as the rights to life, work, health, as well
as freedom from torture and slavery. Author then articulates key obligations under
international human rights law, including the obligation to prohibit trafficking, punish
trafficking, protect victims, and to address the cause and the consequences of the practice.

Anna M. Troubnikoff in his book “Trafficking in Women and Children” 10 writes about the
magnitude of the problem of human trafficking especially women and children. Author says
trafficking in people for prostitution and forced labour is one of the fastest growing areas of
international criminal activity. Author says overwhelming majority of those trafficked are
women and children between 700,000 and 4 million people are believed to be trafficked each
year. Author further says trafficking is now considered to be the third largest source of profit
for organized crime behind only drugs and weapons. The author writes that the menace of
8
Siddharth Kara, Sex Trafficking: Inside the Business of Modern Slavery (Colombia University Press, 2009)
9
Tom Obokata, Trafficking of Human Beings: From a Human Rights Perspective (Martinus Nijhoff Publishers,
2006)
10
Anna M. Troubnikoff, Trafficking in Women and Children: Current Issues and Development (Nova Publishers,
2003)

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human trafficking is prevalent all over the world and also examines what the respective
countries have done as far as perusing a possible anti-trafficking strategy is concerned.

K.P. Yadav in “Trafficking: an Emerging Social Problem”11 examines the problem of

trafficking of children for the purpose of commercial sexual exploitation and describes the
framework within which this exploitation takes place. Additionally, the author includes a
brief review of the various rescue and rehabilitation initiates by the government as well as by
the non-governmental sectors. The author has also reviewed of various national and
international policies as well as laws of various countries pertaining to trafficking and
commercial sexual exploitation. The author has further highlighted that during the past few
years there has been a growing awareness and concern from the Government of India, NGOs,
Media and International Community about the increasing prevalence of trafficking for the
purpose of commercial sexual exploitation of children in India.

Louise Shelley in her book “Human Trafficking a Global Perspective” 12 examines all forms
of human trafficking globally, revealing the operations of the trafficking business and the
nature of the traffickers themselves. Using a historical and comparative perspective, it
demonstrates that there is more than one business model of human trafficking and that there
are enormous variations in human trafficking in different regions of the world. Drawing on a
wide body of academic research - actual prosecuted cases, diverse reports, and field work and
interviews conducted by the author over the last sixteen years in Asia, Latin America, Africa,
Europe, and the former socialist countries. She concludes that human trafficking will grow in
the twenty-first century as a result of economic and demographic inequalities in the world,
the rise of conflicts, and possibly global climate change. Coordinated efforts of government,
civil society, the business community, multilateral organizations, and the media are needed to
stem its growth.

P.M. Nair, Sankar Sen in “Trafficking in Women and Children in India”13 presents the
research findings of Action Research on Trafficking in Women and Children in India
(ARTWAC) that involved the United Nations Development Fund for Women (UNIFEM),

11
K.P. Yadav, Trafficking: An Emerging Social Problem (Adhyayan Publishers and Distributors, 2006)
12
Louise Shelley, Human Trafficking: A Global Perspective (Cambridge University Press, 2010)
13
P.M. Nayer, Sankar Sen, Trafficking in Women and Children in India (Orient Longman, Pvt Ltd, Hyderabad,
India, 2005)

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the National Human Right Commission (NHRC) and the Institute of Social Science (ISS).
Through a human rights perspective, the first section of this book analyses the data generated
by Action Research on Trafficking in Women and Children in India and gives detailed
recommendation for better judicial interventions, law enforcement and community
participation in anti-trafficking strategies. The second section contains a rich collection of
case studies, giving an on-ground picture of how traffickers have little or no respect for the
rights of trafficking victims.

Jarnail Singh Sekha in his book “Bhagaura”14 discusses the problems which are faced by
the Punjabis after being trafficked or smuggled to the desired destinations. They face the
problem of language, and social, economic and racial discrimination and above all a crisis to
secure a residence and work for themselves. They are forced to work below their dignity and
sell their soul and integrity to settle in that country. They live in worse conditions. In his
study Sekha argues that taking the lessons from past incidents and keeping in view the worst
conditions Punjabis should avoid migrating to western countries especially with help of
human trafficking and smuggling networks. He points out that human traffickers harass the
people to the extreme point, take the whole money from them and also keep their passports
with them to control the trafficked people. Traffickers or smugglers use risky routes for
trafficking while lives of trafficked people in danger.

Joyce Hart in his book “Human Trafficking”15 discusses the causes and effects of global
trafficking in human beings along with the people who are working to stop and control the
menace. Hart opines that the term “human trafficking” refers to modern form of slavery.
Giving the instance of the African slavery in the past centuries, author argues that numerous
people all over the world are being held captive and are also beaten by the transnational
organized syndicates to force them to work against their will and to exploit them. People are
also sold into slavery and kidnapped and tricked into becoming slaves. Author have noted
that victims of human trafficking are given false promises of money, new jobs, education and
better lives, the promises which are broken largely. Hence, the victims are trapped and some
of which are even locked behind doors and chained up. Victims are also directed to continue
to work to own money for their captors, bonded labour, involuntary servitude and
14
Jarnail Singh Sekha, Bhogaura, (Chetan Prakashan, Chandigarh, 2002)
15
Joyce Hart, Human Trafficking, (The Rosen Publishing Group, New York, 2009)

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 prostitution, as Hart reveals, are the prime categories of human trafficking which required to
be discouraged and eliminated on the part of state as well as societies at global level. Hence,
the present study is useful to understand the conceptual paradigms of human trafficking.

1.4 Significance of the study

Trafficking is a serious problem in areas prone to poverty, hunger and drought as women and
children are pulled and pushed into trafficking by adopting coercive and manipulative
methods. The traffickers too dare to involve only those women and girls who can be easily
enticed into trafficking by offering money, employment, and other metropolitan cultures.
Considering human trafficking as one of the heinous crimes, it also involved the violation of
basic human rights of the victims. Both Government wings and NGOs are implementing
various programs for the welfare of trafficking victims. But due to various reasons, these
programs are not giving the desired results in rehabilitation and reintegration of the
trafficking victims. The present study is an attempt to understand the root causes and mode of
human trafficking in round the world and India.

1.5 Research Questions

The research questions of the topic are given below:
 What are the legal provisions relating to the Human Trafficking and their application?

 What is the level of awareness of child trafficking among child welfare professionals?

 What are the major Challenges faced by Child welfare professionals to the identification of
the child trafficking victims and control of child trafficking?

 Whether problem of Child trafficking is prevailing in district Moga of Punjab?

1.6 Objectives of the study

The main objectives of the research topic are given below:

 To focus on the root causes and mode of human trafficking in round the world and India.

 To analyze the laws relating to human trafficking (Global and Indian laws).

 To analyze the measures taken by the Govt. to stop this social crime.

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 To analyze the present condition of child trafficking in Moga, Punjab.

 To find the way out to solve the problem.

1.7 Research Methodology

Methodology is the way by which we solve the problems systematically. The present
consists of Human Trafficking and special reference to the child trafficking. The data is
generally collected by various methods as through primary and secondary source as it can be
both used.
The present study will be conducted by secondary source. Secondary source includes
relevant research published documents on the subject matter like books, magazines, and
journals, published research material by various scholars, websites, encyclopedias,
dictionaries and relevant clippings in the various national and international newspapers.
Research relevant material collected by secondary source will be systemized, tabulated and
interpreted by evaluative and critical way.

1.8 Chapterization
Chapter I is introductory in nature and provides the necessary background for the study. It
defines the concept of Human Trafficking and Smuggling and also differentiates them. It also
includes significance of the study, objectives, methodology, literature review and
Chapterization.

Chapter II defines the meaning, concept and Growth of Human Trafficking. It discusses the
forms of human trafficking which have been stated in the Trafficking in Persons Protocol.
Finally the chapter focused on the growth of Human Trafficking and how the numerous root
causes like lack of employment opportunities, poverty, economic imbalances among regions
of the world, corruption, decline of border controls, gender and ethnic discrimination, and
political instability and conflict are trigger the existence of Human Trafficking.

Chapter III deals with the Historical perspective of the Human Trafficking. It discusses the
slavery and bondage in Ancient, Medieval and British period of India.

Chapter IV defines the statutory provisions of human trafficking and International Scenario.
It includes the National and International Legislative responses to Human Trafficking.

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Chapter V defines the judicial response to human trafficking.

Chapter VI deals with the child trafficking in Moga, Punjab. It includes the Case Studies of
the trafficked victims and interviews with the officials.

Chapter VII, The last and concluding chapter consists of Summary and Conclusion; some
useful suggestions have also been made in order to fulfill the objectives of human trafficking
victims.

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