INTRODUCTION

Thousands of children and women are trafficked every day, within the overall profile of
trafficking in south Asia, India is a country on both receiving and dispatching end. According
to a paper released by U.S department of state, “India is a source of both transit and
destination country for men, women, and children subjected to forced labor and sex
trafficking. There is a considerable degree of internal trafficking as well as some trafficking
from India to Gulf and Southeast Asian countries. In other words, India is both a supplier and
as well as a consumer. The majority of India’s trafficking problem is internal and those from
the most deprived and socially disadvantaged social strata- Dalits, members of tribal
communities, and religious minorities- are most exposed and vulnerable.

There are several common factors that contribute to child trafficking, with violence, poor law
enforcement, and a lack of good quality public education being one of the main reasons.
Traffickers who take advantage of children may be from another part of India or may even
directly know the children. In their family’s children who return home after being trafficked
frequently face stigma, rather than being welcomed home. In our country, there is a
compelling need for robust child security systems

Trafficking of children is a global phenomenon affecting large number of boys and girls
daily. Children and their families are often lured by the promise of better employment and a
more prosperous life far from their homes. There are several common factors that contribute
to child trafficking-poor law enforcement and a lack of high-quality public education- being
the major ones. In India, it is disheartening to see that over the last decade, the volume of
human trafficking has increased, though the precise figures are not known, it is certainly clear
that trafficking of children is one of the major lucrative criminal trades. Unless a public
consensus and opinion is built and laws are effectively designed implemented on the actual
ground level and the nexus of traffickers is exposed, the menace of child trafficking will
continue and grow.
 DEFINING TRAFFICKING OF CHILDREN

The sale and purchase of children for gain, within the country (intra country) and across
borders (intercountry) by deceit, fraud, or force, resulting in exploitation of the person
trafficked is called child trafficking. The trafficking of children is a process comprised of two
distinct stages: the Act and the Purpose. The Act is the “recruitment, transportation, transfer,
harbouring or reception of persons, including the exchange or transfer of control over those
persons” and the purpose is “exploitation”1

The definition of trafficking in children varies from that of adults, which often requires “the
threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person”. This is
known as the stage of Means, which is not necessary for the concept of trafficking in
children. Therefore, the term acknowledges that a child cannot, even though the child agrees,
give informed consent to his or her own exploitation.

Trafficking can take place across international boundaries, but within a country as well.
Children who are transported into a country for the purposes of exploitation, whether or not
they are children from overseas or a resident of that country, are also victims of trafficking.

1
Child10, what is Child Trafficking? [Feb 2, 2021] https://child10.org/about-child-trafficking/what-is-child-
trafficking/.
Sex trafficking entails minors being abused. The definition is not limited to particular forms
of exploitation, but the most common ways in which children are abused are by:

 sexual exploitation;
 forced labor in manufacturing, restaurants or agriculture;
 fraud in lieu of benefits;
 domestic slavery such as laundry, cooking and childcare;
 forced begging;
 forced marriage;
 adoption;
 armed forces children; and
 crimes such as kidnapping, drug dealing or fraud.
PURPOSE OF CHILD TRAFFICKING
Conversation with organizations working on sex tourism indicates that tourist induces kids
with little Child trafficking across the world has failed to attract needed publicity even though
it takes place in enormous numbers and a myriad of ways, some of them being absolutely
gruesome. While data available on child trafficking is insufficient and scattered, it surely
provides useful insights on the various forms and purposes of the trafficking of children. An
effort has been made to present them systematically and in lucidly in this study.
Based on the available literature, the following comprehensive list may be drawn:
--- Sexual Exploitation
--- Forced prostitution
--- Sex tourism
--- Pornography
--- Religious prostitution
--- LABOUR
--- Entertainment
--- Forced child labour
---Adoption
--- Domestic servitude
--- Marriage
--- ILLEGAL ACTIVITIES
--- Organ trade
--- Drug smuggling and peddling
--- Begging
 INSTITUTIONAL INTERVENTIONS ON CHILD TRAFFICKING

The India Country Assessment Report by the UNODC has reviewed the initiatives taken by
the Government of India for addressing human trafficking, including child trafficking, in
some detail in 20132. The report also lists the efforts by the states. These are:

Ministry of Home Affairs, Government of India

1. The Ministry of Home Affairs’ initiative of creating an Anti-Trafficking Cell has led to the
strengthening of the law enforcement response to the organized crime of human trafficking.
2. The Advisories issued by the MHA have led to the strengthening of various legal
procedures and investigations of cases of human trafficking. The advisories have brought
clarity on many of the issues concerning the enforcement of laws on human trafficking in
India. The State Governments have been asked to implement the advisories and send action
taken reports.
3. The training and capacity building of law enforcement agencies including the prosecutors
have created a big difference in countering human trafficking. The law enforcement
machinery has become responsive and aware of the complexities of the crime of human
trafficking. The need for multi-stakeholder participation in each case of trafficking is being
ensured.
4. The Judicial Colloquiums being held at the High Court level is creating a positive impact
in the trial of cases of human trafficking. A mandate is being created by the high courts to
ensure fast trials of cases of human trafficking and dealing with victims in a sensitive way.
The Colloquiums have led to the capacity building of trial court magistrates.
5. The Ministry has created a set of 12 Manuals for the training of law enforcement agencies
in collaboration with UNODC.

2
Ravi Kant & Nishi Kant et al, India Country Assessment Report: Current Status of Victim Service Providers
and Criminal Justice Actors on Human Trafficking, European Union and UNDOC (May-June 2016).
 Ministry of Women and Child Development, Government of India

1. The Ministry regularly holds Central Advisory Committee meetings to review the various
issues in countering human trafficking. Almost all the states and the nodal NGOs are part of
the Central Advisory Committee.
2. The Ministry has launched an ambitious comprehensive scheme called the “Integrated
Child Protection Scheme”. The scheme is to implement the provisions of the Juvenile Justice
(Care and Protection of Children) Act 2015. The scheme has led to the formation of country
wide network of District Child Protection Units, Child Protection Homes and the creation of
Child Welfare Committees. To combat human trafficking and to ensure victim protection, the
presence of these institutions is very crucial. This scheme is making a big difference in
countering human trafficking as the agencies have been created across the country and are
instrumental in conducting home investigation reports and also overseeing repatriation and
rehabilitation of victims of human trafficking.
3. The Ministry has expanded the CHILDLINE network to 211 cities under the Integrated
Child Protection Scheme.
4. The Ministry has increased budgetary allocation for its flagship schemes for rehabilitation
which includes Swadhar and Ujjwala Scheme. The Ministry has in principle taken a decision
to sanction one Swadhar home in each district of the country. The Ujjwala project has a very
strong component of the prevention of human trafficking at the source areas.

Ministry of Labour and Employment, Government of India

The Ministry of Labour, Government of India has drafted and operationalized the Protocol
which provides practical guidelines to key stakeholders on crucial issues relating to the
prevention, rescue, repatriation and rehabilitation of trafficked and migrant child labour. The
Protocol operationalized by the Government of India follows the general principles of the UN
trafficking Protocol, viz., protection of rights of the child, the best interest of the child,
equality and non-discrimination, avoidance of harm, non-criminalization of the child, respect
for views of the child, right to confidentiality, and right to information (that shall be broadly
followed in the rescue, repatriation, and rehabilitation of migrant and trafficked child labour).
This Protocol applies to any migrant or trafficked child labour in the country, irrespective of
the child’s home state or country of origin, without any discrimination on the grounds of
gender, caste, language, ethnicity, religion or origin.
LEGAL RESPONSE TO CHILD TRAFFICKING
The 1949 Convention against trafficking gave rise to the first Indian law against trafficking-
The Suppression of Immoral Traffic Women and Girls Act, 1956. Other legislation in relation
to child trafficking are:
 Immoral Traffic (Prevention) Act, 1956.
 Immoral Traffic (Prevention) Act, 1986.
 Child Labor (Prohibition and Regulation) Act, 1986.
 Section 366, 360 B, 372, 373, 370 of Indian Penal Code.
 Madras Devadasis (Prevention of Dedication) Act, 1947.
 The Andhra Pradesh Devdasis (Prohibition of Dedication) Act, 1988.
 Karnataka Devadasis (Prohibition of Dedication) Act, 1982.
 Bonded Labour System (Abolition) Act, 1976.
 Child Labour Prohibition & Regulation Act, 1986.
 Child Wedding Restraint Act, 1929.
 Guardianship and Wards Act, 1890.
 Hindu Adoption and Maintenance Act, 1956.
 Information Technology Act, 2000.
 Prevention of Illicit Traffic in Narcotic medication and hallucinogenic Substances Act,
1988.
In the following landmark cases, the judiciary has interpreted the aforementioned laws:
In Prerana v. State of Maharashtra3 it was observed that children who are being likely to be
grossly abused, tortured or sold for the purpose of sexual abuse or illegal acts will have to be
produced before the Child Welfare Committee. Furthermore, the Hon’ble High Court of
Bombay gave directions to the state for the Rehabilitation of these victims of trafficking.
In Vishal Jeet vs. Union of India4, Hon’ble Supreme Court issued directions to the state
government for setting up rehabilitated homes for children found begging in streets and also
the minor girls pushed into 'flesh trade' to protective homes.
In Bandhua Mukti Morcha v. Union Of India & Ors5, the Hon’ble Supreme Court pointed
out that child exploitation must be progressively prohibited, other parallel alternatives to the
child should be created, including the provision of education, health care, nutritious food,
shelter and other livelihoods. In Gaurav Jain v. Union of India & Ors6, the Hon’ble
Supreme Court directed the government to rehabilitate children and underage prostitutes after

3
[2003]6 AIC 674 (Bom).
4
[1997]8 SCC 114: 1998 SCC (Cri) 25
5
[1984] 3 SCC 161: AIR 1984 SC 802
6
[1997] 8 SCC 114; AIR 1997 SC 3021
undertaking a detailed review of the matter. Moreover, the court ordered the use of juvenile
homes for rehabilitating underage prostitutes.
CONCLUSION

Apparently, child trafficking takes for a range of purposes and requires a holistic, multi-
sectoral approach to address the complex dimension of the problem. It is a problem that
violates the rights and dignity of the victim and therefore requires essentially a child
perspective while working on its eradication.

There are a variety of studies and articles on the topic of trafficking in minors, but so far there
is very little concerted effort to compile them. As a result, while interventions are being made
by different organizations and individuals across the country, not much is known about these
initiatives. This void is going to be filled to some degree with the creation of various
information centers. However, if any reform in law and policy has to be brought about, a
concerted initiative by the parties involved on this issue is required. In addition, since
trafficking is an area in which the type of person involved, the hierarchical nature of the
activity, and the modus operandi makes it incredibly difficult to operate, networking gives
resources and support to the particular organizations concerned.

In the fight against trafficking government organization, non-governmental organization,

civil society and international bodies all have to play an important role. We all have to come
together as a society and oppose trafficking and must work towards the eradication of it, law
cannot be the only instrument to take care of all problems.