DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

ESSAY TITLE
IMMORAL TRAFFICKING

SUBJECT
LEGAL METHODS

NAME OF THE FACULTY

MS SOMA B. MA’AM.

NAME OF THE CANDIDATE- Jashaswee Mishra

ROLL NO. – 20LLB040
SEMESTER- 1st
 ACKNOWLEDGEMENT.

I, Jashaswee Mishra, hereby declare that this essay titled “immoral trafficking” submitted in
an original work. I have duly acknowledged all the sources from where the ideas and extracts
have been taken. In this essay, I have tried to explain the subject matter and the importance,
presented the traces of origin and the evolution of the same with special reference to the
interpretation of the mental trauma, that the victims face. I hope there are no issues and
apologies for any inconsistencies. I am very much grateful for the valuable support and
guidance of Mrs. Soma madam. I would like to extend my sincere thanks to her.

Thank you

Jashaswee Mishra
Abbreviations

SC- Scheduled caste

ST- scheduled tribe

PITA- immoral trafficking prevention act

UN- United Nations

UNC- United Nations Convention

CRC- conventions on the right of child

TP- Trafficking protocol

UNTOC- UN Convention against Transnational Organized Crime

 The problem of immoral trafficking has gained considerable international
recognition throughout the last decade. Originally, the exploitation in women into prostitution
and enslavement was the main objective of aid and activism. There is also known that girls,
males and females are being smuggled into several diverse fields of labour and sexual abuse.
A collection of globally negotiated components in the anti-trafficking policy have indeed
been defined in attempt to settle the problems of trafficking in human beings. The initial
response is regarded as a civil rights strategy. This strategy emphasizes that the human
interests of trafficked people is now at the centre of all ways to tackle trafficking as well as
provide victims with compensation. Anti-trafficking initiatives would not impair the social
justice of people trafficked and refugees. The very next strategy is known as the Theory of
Non-Discrimination, which allows for the definition and implementation of the global
consensus on the Trafficking mechanism and protocol. Gender strategy seems to be the latest
methodology used by the anti-trafficking solution. It identifies the parallels and disparities
between both the history of prostitution in males and females. The unequal effect of policy
tackles sexism and abuse and facilitates social equality and civil rights in both males and
females. For example, several females are traded for forced prostitution relative to men who
are motivated to endure. Their expectations and the commitment to slavery are entirely
separate. The additional component integrated in the anti-trafficking solution is the
commitment to children's rights and the engagement of children. This approach must be
directed by the relevant human rights criteria and, in particular, by the concepts on rights of
children laid down in the UN Convention on the Rights of the Child (CRC). The welfare of
the child should become the prime priority in any acts affecting at-risk adolescents and abuse
victims. Next technique will be the United Nations Trafficking Framework and other
diplomatic mechanisms. A holistic regional strategy, also as middle strategy, focuses on
concerted measures to stop human trafficking through a global platform in cooperation
including all nations. The intersectional, organized and synchronized strategy allows for
global cooperation in the avoidance and war against commercial sexual exploitation. UN
Member States should guarantee that concerted measures are taken between the numerous
government entities engaged in anti-trafficking operations. The ninth anti-trafficking solution
strategy, factual, offers space for statistical analysis, bandwidth assessment and tracking of
anti-trafficking operations. The very last strategy is resilience, which means that anti-
trafficking programs are checked for duration and efficacy. The enforcement provisions laid
out in the battle against trafficking in human beings should be capable of being implemented
in the foreseeable future as well as successful in their application. Trafficking of individuals
remains one of those primarily under-punished and convicted. Many jurisdictions have strict
laws that criminalizes trade in human beings in any of all ways. Many countries recognize the
legislative structure required to cover the obligations of the United Nations Anti-Human
Trafficking Protocol. The frequency of conviction for this felony persists comparatively poor.
In order to bolster the activities of vice enforcement of human trafficking, it is necessary for
states to accept a range of steps.

That the very first step is to improve domestic laws and regulations to comply with relevant
with the United Nations Trafficking Protocol. Which also demands that perhaps the
application of certain regulatory systems to be followed out. Legislature must specify that
trafficking in human beings is a federal crime, as clarified in the United Nations Convention,
and also that attention is given to the investigation of smuggling and associated behaviours.
The legislative mechanisms to be improved would ensure that perhaps the systematic
disenfranchisement of trafficking-related offences is impacted. This would also ensure that
punishments and restrictions are effective and equitable to the seriousness of the crime and
also that monetary profits from smuggling are seized. The countries, too, must improve their
judicial systems via the defence of the privileges of suspects and whistle-blowers, as well as
from cooperation between both the law enforcement agencies and civil communities. Anti-
Human Exploitation Acts should include a platform for constructive cognitive ability forensic
approaches which do not simply concentrate on the perpetrator's feedback. It should be
combined alongside legal proceedings in important to deter situations in which smuggled
people, particularly youth, are re-victimized during most of the justice proceedings. A
successful federal lawsuit on commercial sexual exploitation can be intensified by the
establishment of operational anti-trafficking laws, through circulars or other regulatory
orders. Effectiveness in the implementation of anti-trafficking legislation is indeed
specifically related to the capability of law enforcement officials. From a social policy
viewpoint, our view of trade of human beings moves beyond particular injury and violence to
systemic programs that encourage abuse. Events of real trade in individuals attract the most
coverage by our mainstream press, enforcement authorities and service organizations. Yet the
tales of trafficking in human beings do not commence with the perpetrator, however with
suffering and isolation.
Immoral trafficking is a brutal attack on humanitarian welfare and is surprisingly common.
Trafficking of individual beings requires males, females and adolescents, being displaced
through one location to the another, frequently subject to coerced labour. The phenomenon
generally involves coercive sexual service, sexual subordination, hazardous factory labour,
slave wage work, retail jobs and different types of contemporary oppression and perhaps even
male trafficking has become a recent accepted norm. “In India, trafficking is primarily an
offence under the Indian Penal Code, 1860. It defines trafficking as (i) recruitment, (ii)
transportation, (iii) harbouring, (iv) transfer, or (v) receipt of a person for exploitation by use
of certain forceful means. In addition, there are also other laws which regulate trafficking for
specific purposes. For instance, the Immoral Traffic (Prevention) Act, 1986 deals with
trafficking for the purpose of sexual exploitation. Similarly, the Bonded Labour Regulation
Act, 1986 and Child Labour Regulation Act, 1986 deal with exploitation for bonded
labour. Each of these laws operate independently, have their own enforcement machinery
and prescribe penalties for offences related to trafficking1”.

India is a site, major destination country for women, men and children; smuggling for non-
consensual and labour exploitation purposes. Women's Trafficking and commercial sexual
exploitation of children is among the most dehumanizing issues, established one in our
society. Institutional prostitution of women and children for the purpose of sexual predation,
indentured service, slave labour and servitude labour are very evident throughout the nation.
Food insecurity, religious or political patterns and displacement are the underlying factors of
trafficking. Other contributors include the insecure existence of boundaries, crooked elected
representatives, the presence of foreign organized crime organizations or systems, and the
insufficient capability or dedication of immigrants and law regulation officers to border
security. People from socially deprived communities and corresponding to groups SC, ST,
OBC are far more likely to succumb to certain improprieties. Trafficking is interpreted
mostly as commerce with something which shouldn't be exchanged for different purposes.
For socioeconomic, political and cultural reasons. The notion of trafficking in human beings
refers to unlawful policies of human exploitation by classifying human beings as financial
instruments. After being smuggled, perpetrators are accustomed with lengthy enslavement.
Amid efforts to better identify and recognize the spectrum of exploitation in human beings
many of misunderstandings exist about the precise existence of human strategies. Smuggling
in human beings, how much and what kinds of victims are involved, or where commercial
1
(Prsindia.org, 2021) <https://www.prsindia.org/uploads/media/draft/Draft%20Trafficking%20Persons
%20Prevention%20Protection%20and%20Rehabilitation%20Bill%202016.pdf>
sexual exploitation happens. This really is troublesome because research has suggested that
there are myths around it. Trafficking of human beings leads to problems in finding suspects.
As per a latest study, females are traded unreported and transported to many other regions
whenever and wherever.

While fighting this problem is the aim of many of these international bodies, interested in the
prevention and reduction of trade of human beings, lack of certainty detrimental effects may
have resulted from current results. Cunningham and the Cromer (2016) were the first to
establish a metric of the recognition of sex trafficking hypothesis and looked at the
connection between mistaken assumptions about trafficking of human beings and
interpretations of perpetrators of prostitution. Their findings have shown an intensified trade
in human beings. Hoax recognition was associated with higher responsibility for the survivor
as well as greater healthy scepticism. While this perpetrator's blame thresholds were typically
low, or thereabouts, One-third of the specimen made an accusation to a certain extent. Wider
tolerance of myths may make it increasingly challenging to recognise real victims of
commercial sexual exploitation, so that inaccurate information about both the real character
of trafficking diverts attention of law enforcement officers and therefore hinders litigation
(Cunningham & Cromer, 2016). Farrell and Pfeffer (2014) have also published that police
departments may locate a limited impact on trafficking in human beings if they and the
society are involved in smuggling. Therefore, it is probable that perhaps the
acknowledgement of human smuggling misconceptions may interfere by the will of
individual citizens.

Traffickers mislead, employing people and security to attract their customers. Through them,
arriving in another system or area, the tormentors gain charge. Many frequently than
otherwise, they're being kept in positions that the victims did not really want to render their
residence. Smugglers are trying to find people who've been vulnerable to exploitation in the
trafficking of human beings. These people appear to be refugees. They leave their families,
whether because of financial depression, natural catastrophes, war or strife. Global chaos.
Population migration raises the mental state of entities susceptibility, and they often do not
have monetary resources to defend oneself.
Trafficking of human beings in India contributes in females emerging with certain emotional
and biological conditions. Psychological conditions encompass problems such as PTSD,
schizophrenia, and depression. “The loss of regulation of women in prostitution raises their
probability of psychiatric illnesses. Female who are coerced into prostitution are at greater
risk of HIV, TB and other STDs. Condoms are rarely utilized and therefore there is a greater
probability that individuals may develop with STD2”. Trafficking through both prostitution
and non-sexual trafficking subjugation is a transregional and complicated struggle because it
is a structured delinquent behaviour, an aggressive interpretation of human rights violation as
well as an economic argument responsibility and social justice. Commercial sexual
exploitation in women and children catalyses uncountable misery, as it violates the law and
protection of individual in a myriad of areas. It infringes the privacy of the people to
existence, integrity, stability, confidentiality, healthcare and education as well as the redress
of the injustices. The presence of insecure conditions of deprivation and oppression together
plus the abusive conditions of the survivor by the smugglers and others trigger irreparable
damage to the sexually exploited survivor who faces numerous rights infringements. It is also
necessary to discuss the preventative measures of trafficking, not just in addition to the
countries of origin, as well as in the target areas, transport hubs and traffic links. Tactics in all
these fields need to be adapted to the relevant aspects of the scenario and target populations
to have a control on such exploitations. The National Women's Commission has indicated
that human trafficking plays a significant role in the country's economy and trade scenario in
human slavery and those of women and girls. They have been routinely smuggled in the red-
light districts and associated with physical coercion. Battering or abuse and brutality, sexual
assault and rape, hunger, misery in the dark places, deaths, physical abuse, compelled to use
opiates, numerous attacks, psychological abuse, abortion, incinerating with cigarette butts and
mafia death and destruction. An investigation of the actuality of sexual identity from over
months demonstrates how brutality has occurred. It was used as a reasonable definition of
enslaving and maintaining females in a stance of enslavement, trafficking arises for various
functions.

The main detailed concept of smuggling would be the one embraced by the UN Office on
Drugs and Crime in 2000, recognized as the “UN Agreement on the Prevention,
Elimination and Punishment of Trafficking in Human beings3”, particularly Women

2
The Hindu: prostitution and impacts, New Delhi, 2011
3
UN Agreement on the Prevention, Elimination and Punishment of Trafficking in Human beings,2000
and Children, in 2000 underneath the “UN Convention against Transnational
Organized Crime (UNTOC)4”. The Government of India has ratified this Agreement.

Article 3 of the Law

(a) Trafficking in human beings specifically includes the procurement, distribution, sale,
transfer or reception of persons by use of use of force or other means of intimidation
of kidnapping, theft, deceit or misuse of authority.
(b) the assent of the survivor of sexual exploitation to the planned slavery referred to in
sub clause (a) of this Section shall be irrelevant whether any of the measures referred
to in clause (a) has already been used;
(c) Employment, travel, relocation, harbour or reception of a child for the intention of
slavery shall be called 'smuggling in persons' although it does not include any one of
the criteria specified in section (a) of the Article;

The Indian Constitution explicitly prohibits trade in persons and grants many universally
recognised human rights standards, including the right to life and individual liberties, the
right to dignity, the right to democracy and the right to legislative redress. These provisions
are influential in the legal rulings and scholarly debates on the Indian Constitution. The right
to be free from slavery is also assured as one of the fundamental human rights of any citizen
living in India. Article 23(1) states that trade in human beings and beggars and other related
types of forced labour shall be banned. Dispersion of one individual between one
environment to other. The relocation may have been from one building to another, from one
neighbourhood to another, from one municipality to another, from one province to another, or
from one nation to another. It also is easy to cross from within the same dwelling. The
argument will be explained by an illustration. Suppose that perhaps the brothel operator
manages a variety of young people who are prisoners, that one of the women has a teen
daughter who lives with her. If the brothel holder tries to get the parent to consent to
authorize the adolescent to be used in the same system, the adolescent has been transferred
out from the 'mother's culture' and into the brothel network. This dislocation is sufficient for
the sexual exploitation, which the constitution prohibits. In addition to establishing a

4
UN General Assembly, United Nations Convention against Transnational Organized Crime : resolution /
adopted by the General Assembly, 8 January 2001, A/RES/55/25
smuggling, there are three of the key factors of it, there have been 3 essential components are
the Operation, the Mechanism as well as the Intent. The smuggler is expected to undertake
one of the Follow-up on acts including recruiting, travel, harbour, transition, giving or
receiving. Profit from it, or take ownership of the exploited product. These are the things that
fall under it. Second, the means that entail aggression, the possibility of aggression, coercion,
kidnapping, theft, or insecurity status. They fall under the means. Third, the intention of
either of the above, sexual harassment, institutionalised racism, Colonialism, destruction of
organs.

UNDERSTANDING LAWS REGARDING TRAFFICKING IN HUMAN BEINGS

“THE SUPPRESSION OF IMMORAL TRAFFIC IN WOMEN AND GIRLS ACT,

19565”

(1) “This Act may be called the Suppression of Immoral Traffic in Women and Girls Act,

(2) It extends to the whole of India.

(3) This section shall, come into force at once; and the remaining provisions of this Act shall
come into force on such date as the Central Government may, by notification in the Official
Gazette, appoint6”.

This piece of legislation includes the definition of brothel, the ambit of prostitution and
claims protection from enslavement of women. This act intends to protect the dignity of
several women being exploited, traded and abused, the whole motive of this act is to reduce
trade and trafficking of individuals.

IMMORAL TRAFFIC PREVENTION ACT,1986

The ITPA and similar regulations compensate for the sexual harassment of the abused
individual. The mechanism of slavery may be manifested, as in a brothel, or dormant, as in
some swinger’s clubs, party pubs, etc., where everything actually occurs underneath the mask
of a legal commercial entity.

Corporatisation of the enslavement and monetization of the survivor. The victims of

trafficking victim are manipulated as if she were a resource. The opportunists are producing
income from exploiting. They can also split share of the profit with the survivor.

5
THE SUPPRESSION OF IMMORAL TRAFFIC INWOMEN AND GIRLS ACT, 1956 ACT NO. 104 OF 1956
6
THE SUPPRESSION OF IMMORAL TRAFFIC INWOMEN AND GIRLS ACT, 1956 ACT NO. 104 OF 1956.
  “In 1950 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 1956 India passed the Suppression of Immoral Traffic in Women and Girls
Act, 1956 (SITA). The act was further amended and changed in 1986, resulting in the
Immoral Traffic Prevention Act also known as PITA. Immoral Traffic Prevention
Act, 1986 PITA only discusses trafficking in relation to prostitution and not in
relation to other purposes of trafficking such as domestic work, child labour, organ
harvesting, etc. The following is an outline of the provisions in this law that pertains
to children below the age of 187”.

 The Act describes the juvenile like any individual who's really 18 years of age. The
very first piece of legislation includes clauses that detail the criminalization of
trafficking and the penalty for running a prostitution ring or a related institution, or for
surviving on the profits of adultery, as in the situation of a mobster. “Section 5 of the
Act specifies that if an individual obtains, induces or takes a child for prostitution
purposes, the jail term shall be at least seven years but may be extended to life. In
order to ensure that the individuals involved in the trafficking chain are still kept
responsible for the act, there is a clause specifying that any person involved in the
recruitment, transport, transition, harbouring, etc8”.

 When an individual is caught with such a youngster, he or she is presumed to have

taken that child somewhere for penetrative sex and is therefore liable to a custodial
sentence of up to seven years, or to a jail sentence of up to ten years, and to a
optimum of one lakh rupee. If an individual is abused in a brothel and that has been
discovered physically molested after a physical evaluation, the child is suspected to be
have been incarcerated for sex trafficking purposes.

 Any person committing sex trafficking in community with such a child shall be fined
for a prison sentence of up to seven years or a jail term of up to ten years and a heavy
penalty of one lakh rupee.

 Any young person identified in a brothel or victimized for sex trafficking purposes
may be positioned inside an organization for one’s comfort and convenience by a

7
'Vikaspedia Domains' (Vikaspedia.in, 2021) vikaspedia.in/social-welfare/social-awareness/human-trafficking-
1/human-trafficking
8
'Vikaspedia Domains' (Vikaspedia.in, 2021) vikaspedia.in/social-welfare/social-awareness/human-trafficking-
1/human-trafficking
 prosecutor. Property owners, tenants, owner, attorney of the proprietor who,
inadvertently, originally leased their estate to an individual wrongly convicted of
victimizing a child, must obtain the consent of the prosecutor before re-leasing their
estate for three years after the decision has been issued.

 In 2006, the Ministry of Women and Child Development implemented a

constitutional amendment which has yet to be adopted. This same executive order
really does not take into account any one of the child-related stipulations, and has
several big ramifications for the rights of female prostitutes.

The “proposals positioned out some other roots of the Red-Light Area (Chakla Bazar), the
suspected violence perpetrated by the police against women there, the detention of
females in the Chakla Bazaar area without observing the proper process, and the forced
displacement from their residences. The complaint argued that women in
prostitution/sexual work have the reasonable expectation of privacy and equal protection
under the law. Respondents were then asked to develop a perpetual comprehensive
framework which did not differentiate these females from their close relatives and which
will be fully implemented after a comprehensive examination even with their engagement
and approval9”.

The Tribunal did not recognize the argument posed on account of the appellants
concerning the entitlement to sexual exploitation as a constitutional right of women or
females in it. The Justices ruled that it must be vigilant of the entrenched interests
throughout the trafficking of everyone else, prospering on the economic profits from the
abuse of slaves, and at the same time serving as defenders of their liberties. In essence,
trafficking is a practice that degrades the human value of a woman and is a mechanism
for prostitutes and consumers to manipulate the vulnerable conditions of individuals in
our culture.

“The Court held that purpose of Sections 7 and 8 of ITPA is to proscribe prostitution in
public places and they are neither discriminatory nor arbitrary and, therefore, do not
violate the right to equality by criminalizing prostitution in public places. Therefore, there
is no violation of the fundamental right to life and personal liberty of persons guaranteed
by Article 21 of the Constitution.
9
Times of India, women trafficking: red light areas, 2006, bengaluru
 Referring to ITPA the High Court held that its provisions, clearly call for identifying the
victim-prostitutes, girls or other persons, who are trafficked persons or are under the
control of pimps and procurers or brothel owners. A failure to correctly identify a
trafficked person or a woman or girl or other person in respect of whom offence
punishable under the Act is committed, i.e., a victim-prostitute, is likely to result in denial
of that person's human rights. The law is required to be strictly enforced against
traffickers and those involved in controlling and exploiting prostitutes and committing
offences in respect of prostitutes10”. The Bill establishes a legislation for the investigative
process of any and all categories of sexual exploitation and also for the resuscitate, relief
and reintegration of displaced people. The bill provision for the creation of independent
inquiry and reintegration institutions at division, regional and federal levels. Anti-
trafficking teams will be organised to evacuate migrants and prosecute cases of
trafficking. Restorative justice boards would provide the recovered patients with therapy.
Predefined aspects of trafficking indicated throughout the Bill (such as forced commercial
sexual exploitation) are also enshrined in legislation. Some purpose of the Act, diverges
from those of identical conditions in such legislation. Since these regulations were never
abolished, there may well be ambiguity about the integration of a proposal. The
legislation penalizes the proprietor or leaseholder of the premises if it intentionally
encourages the smuggling to take place on the premises. Underneath the Proposal, the
proprietor or leaseholder is assumed to also have the prior knowledge of the offense until
they can demonstrate anything else. This requirement may infringe Article 21 of the
Constitution.

“The Probation of the Offender Act, 195811” is intended to provide for the parole of both
the convicted following he had previously proven not guilty of an offense not punished by
life-or-death sentence without reasonable documentation. It's been implemented to offer an
incentive for criminals to show how they can improve their behaviour, and how they can exist
in a universe despite damaging themselves. The Function is centred on even a rehabilitative
philosophy that has emerged over the years again from Philosophy of Dissuasion. It was
found that the restructuring of the prisoner in community declined after discharge. They will
also encounter problems when dealing with skilled criminals. This has an unintended
consequence on the accused individual and his/her existence thereafter.

10
'Sahyog Mahila Mandal And Anr. Versus State Of Gujarat And Ors.' (Sherloc.unodc.org, 2021)
11
Probation of Offender Act, 1958
 The “Probation of the Prisoner Act, 195812”, prohibits juvenile perpetrators from being
persistent inmates. The Act is a milestone in the development of the modern political
governance agenda in the area of jurisprudence. It is also the product of the acceptance of the
principle which justice system is much more about the rehabilitation of the particular person
than it is about deterrence. Supervised release is influenced by the "positivist research"
framework of juvenile court, which is emerging from the philosophies of the judiciary. The
primary goal of rehabilitation is to eventually modify the wrong doers. It includes moulding
patterns into positive forms through healing and transformation. The answer is to deliver the
anti-social individual the opportunity to collaborate freely with social structure. It will also
provide him with interpersonal safety and welfare. It's a replacement for detention. Prison
would not necessarily fulfil the objective of reducing violence. The objective of the Probation
Statute does more to change the criminal than to prosecute the criminal. This is what we
normally call the Probation. Simply stated, it can be interpreted as the voluntary parole of the
prisoner on the foundation of appropriate conduct.

“The Indecent Representation of Women (Prohibition) Act, 198613”, Women's groups

have been upset for the past few years by how their ethnicity is depicted in the mainstream.
Female's challenges with the depiction of commercials that enables businesses to save
children's inheritances; the approximation of a 'healthy' woman with such a wife; a margarine
product that equals parenthood. It is accurate that perhaps the quantity of commercials
supporting bride price has declined due to discontent within activists. Yet such efforts had
little effect on the propagation of gender-based prejudices and sexual pictures that have, if
something, intensified. Taking the Indian social system in mind, the legislation seeks to
govern the representation of women in various aspects of Indian mainstream society
platforms. In interacting with culture as complex from either a cultural perspective, careful
regard should be paid to the sentiments of the population and the Government should also be
secured. Moral code continues a really delicate subject in India, representing several wide
varieties of fundamentally and traditionally evolving perceptions and practices. It also is too
difficult, and there is no knowledge about how many women under the creamy and non-
creamy strata of the market are engaging in such immoral conduct, to determine and
investigate the source and repercussions. “The rule on obscenity is formalised in Sections
292, Section 293 and Section 294 of the Indian Penal Code. Amid such requirements, in
magazines, in particular in advertising, there is an increasing obscene depiction of women or
12
Probation of Prisoner Act, 1958
13
The Indecent Representation of Women (Prohibition) Act, 1986
comparisons to women, which has the effect of denigrating women but is often
counterproductive to women14”. Although there is almost no deliberate expectation to do so,
such advertising, magazines, etc. have such a depraving or manipulating influence. There is
also a need for separate regulations to avoid the undetermined inclusion of minorities
successfully by ads, novels, brochures, etc. This act was implemented in order to maintain the
law and morality along the society and balance out the withstanding effects of obscene
conduct. This provision enabled the lawmakers to understand the gravity of women’s dignity
and act as a redressal, a remedy for such victims.

“The Information Technology Act, 2000 extends throughout India and also has extra-
territorial jurisdiction. Section 67 of this Act penalizes the publication or transmission of any
material, in electronic form, which is lascivious or appeals to prurient interests or if its effect
is such as to tend to deprave and corrupt persons who are likely to read, see or hear the matter
contained or embodied therein15”.

“Goa Children’s Act, 2003, This Act addresses several child rights in an integrated manner.
The salient features of this act are: trafficking was given a legal definition for the first time in
Indian jurisprudence. The definition of sexual assault was expanded to incorporate every type
of sexual exploitation, the responsibility of ensuring the safety of children on hotel premises
was assigned to the owner and the manager of the establishment. Photo studios are now
required to periodically report to the police that they have not shot any obscene photographs
of children16”.

“The Transplantation of Human Organ Act, 1994, two-fold objectives of this act are: to
provide for the regulation of removal, storage and transplantation of human organs for
therapeutic purposes, and to prevent commercial dealings in human organs17”.

The ancient trade in the situation is totally that, an occupation like every other. Law
enforcement agencies have been attempting to prohibit sex trafficking for decades, but
trafficking relies heavily in the era of social Media. It's essential to acknowledge the fact that
prostitution isn't going to go anywhere. If we perceive this as just another construction
industry, prostitutes – be them men or women, gay or heterosexual – will come out of hiding

14
Indian Penal Code, section. 292,293,294
15
The Information Technology Act, 2000

16
Goa Children’s Act, 2003
17
The Transplantation of Human Organ Act, 1994
and continue to release the stereotype of misconduct. What consensual adults said behind
doors, whether they compensate for or not, is not really a matter for the law.

Understanding the arguments

Legalizing and controlling exploitation would make it better for prostitutes and eventually
crack the prostitutes and smuggling networks which control the latter. The smugglers prosper
since this prostitution industry is being pushed subterranean. Legalize it and they're going to
vanish back. Sex workers would feel better coming to the authorities because they risk arrest.
The police will be forced to devote money on clamping down on the true villains – the drug
groups that target trafficked women.

Internationally, the human trafficking market is worth $186 billion, which analyses the
finance sector. Revenue on this magnitude could produce a bunch of tax cash flow. “It is
predicted that legalizing prostitution in the United States will send treasury department about
$20 billion annually. In Germany – which normalised its sex regulations in 2002 – the legal
market is worth around EUR 16 billion and economic output is a significant contributor to a
certain line of credit. It's appropriate for the sex industry to be regulated like every other
company, so that these proceeds will support community18”.

“However, legalizing prostitution has had positive benefits for sex workers across Europe.
The most well-known country to have legalized prostitution is the Netherlands, where sex
work has been legal for almost twenty years. Bringing the industry out of the black market
and imposing strict regulations has improved the safety of sex workers. Brothels are required
to obtain and renew safety and hygiene licenses in order to operate, and street prostitution is
legal and heavily regulated in places like the Red-Light District. Not only does sex work
become safer when it is regulated, but legalization also works to weed out the black market
that exists for prostitution, thereby making women safer overall. Also, sex workers are not
branded as criminals, so they have better access to the legal system and are encouraged to
report behaviours that are a danger to themselves and other women in the industry. Finally,
legalizing sex work will provide many other positive externalities, including tax revenue,
reduction in sexually transmitted diseases, and reallocation of law enforcement resources 19”.

Sex trafficking would not cause the wider populace to profit from these arguments. Instead,
the marketplace is frank on how intercourse and capital are closely connected. So, for a lot of
18
The Human Trafficking institute
19
Annamarie Forestiere, 'To Protect Women, Legalize Prostitution | Harvard Civil Rights-Civil Liberties Law
Review' (Harvardcrcl.org, 2021)
people, this seems to be an unpleasant idea. It is much more upsetting for some humans to
realize that women should be able to also have leverage of their sexuality which would
encourage and enable in trafficking on a voluntary basis; they never enable oneself to assume
that women are likely such a career. Instead of acknowledging this fact, however, those who
condemn the legalization of prostitution are marching ahead with complaints regarding
women's safety issues. Rather than just pushing vulnerable women to be doing operations in
illegal underground industries whereby the rights are violated, and for the wrong purpose of
'saving' women, take meaningful steps to save people. Legalize prostitution, implement
stringent rules and set up robust social infrastructure to encourage prostitutes to safely
operate.

The initial question is just how the human traffickers are viewed and why they are portrayed
as being trafficked. Perpetrators, or used as the exercise of an absolutely tiny entity. A second
portion of the debate focuses on how the dealers are interpreted: they are portrayed as
suspects whose criminal acts are at the centre of the crisis, or seen as players in a broader
community. Drama, benefiting from human misery, but still less necessary for
comprehension. The epidemic of trafficking rather than the existing migrant theocracies?
Thus, all resistance to trafficking for definition fuelled this 'righteous indignation. And also,
apprehension of segregation. These concepts do reanimate, albeit in very diverse variations.
Also, it seems it to the significant degree that perhaps the majority of undocumented
immigrants in the sex trade have arrived subverted underneath the Palermo interpretation of
trafficking, the major issue has become an entity or a clique. Smugglers, who are the
principal violators of humanitarian law, instead of migration policy in the West Sponsor
countries which deliberately oppose accessibility to those who are not wealthy or technically
talented. The most prevalent of them the alternative to the smuggling dilemma that emanates
from this framework is to eradicate trafficking in human beings’ platforms and 'available'
traffic to females.

India implementation on international conventions:

Global coordination is critical to maintaining that perhaps the fight on trade in individuals is
achieved. The United Nations Member States have developed systems to determine that
concerted initiatives are made throughout boundaries by promoting global security structures.
Interpol, for example, is the product of collaboration and coordination between States
regarding foreign illegal activity. In far too many circumstances, many UN Member States
possess the capability to deter, prosecute, arbitrate and discipline supranational collaboration.
In addition, strategic frameworks need to be set in motion to strengthen integration of the
activities of global and domestic organisations.

“UN Convention: India has ratified the United Nations Convention on Transnational
Organised Crime which has as one of its Protocols Prevention, Suppression and Punishment
of Trafficking in Persons, particularly Women and Children. Various actions have been taken
to implement the convention and as per Protocol20”.

“SAARC Convention: India has ratified the SAARC Convention on Preventing and
Combating Trafficking in Women and Children for Prostitution. A Regional Task Force was
constituted to implement the SAARC Convention. Five meetings of Regional Task Force
have been held so far. Fifth meeting was held at Paro, Bhutan from 11-12 April, 2013. As
offered in Fifth Meeting, a study tour for SAARC Member countries was conducted from 18-
22 November, 2013 to learn from the experiences of the Anti-Human Trafficking Units
established in various districts of the country21”.

“Bilateral mechanism: For dealing with cross border trafficking and to address the various
issues relating to prevention of Trafficking, victim identification and repatriation and make
the process speedy and victim-friendly between India and Bangladesh, a Task Force of India
and Bangladesh was constituted. So far five meetings of Task force between India and
Bangladesh have been held. Fifth meeting was held on 17-18 August, 2015 at Dhaka,
Bangladesh22”.
The initial assessment concerns the establishment of a regulatory regime for foreign relations,
particularly the implementation of collaboration arrangements or negotiations. In this
situation, the Conventions attach both Parties to a shared agenda of trafficking in persons.
Countries are also expected to improve their respective institutional capabilities in the fields
of reciprocal legal representation, collaborative prosecutions and international collaboration
for the objectives of expropriation. Every State can support and reinforce its surveillance
equipment with the greater goal of coordinating extensively with other Nations. Enhancing
considerable section of society makes for ease of recognition, vulnerability assessments of
returns and rehabilitation of traffickers with significant thought. Worldwide coordination in

20
Ministry of External Affairs, Government of India, India.
21
Ministry of External Affairs, Government of India, India.
22
Ministry of External Affairs, Government of India, India.
the war towards injustice is still delayed. Corrupt governments or countries with high levels
of inequality are fairly weak in the name of fighting criminality. It is because many
multinational criminal gangs are very well in terms of funding, since they can buy their way
across surveillance monitors and even legal proceedings. Justice as a privilege means that
certain nations have opportunities for illegal activities that can severely undermine
comprehensive existing international structures. Drug lords can track information by
duplicitous deals and conveniently stay away from the radar of the security service. Poverty
is another, because that has a detrimental effect on regulation.

Trafficking of human beings, in keeping with the advanced understanding of the treaty
obligations are the system that incorporates all aspects of that so sexual exploitation. Which
involves abuse of labour and other aspects of new oppression, such as drug smuggling,
enforced prostitution, enforced violence, and also different forms of commercial sexual
exploitation. Human trafficking is not only an illegal practice, but also a significant crime
against humanity. The best way to stay focused on survivors is to ensure that the measures
taken to tackle trafficking in human beings are not solely limited to a matter of immigration,
civil security or the war against doing so.
REFERENCES

 'Sahyog Mahila Mandal And Anr. Versus State Of Gujarat And Ors.'
(Sherloc.unodc.org, 2021)
 Probation of Offender Act, 1958
 Probation of Prisoner Act, 1958
 Ministry of External Affairs, Government of India, India.
 Annamarie Forestiere, 'To Protect Women, Legalize Prostitution | Harvard Civil
Rights-Civil Liberties Law Review'
 The Information Technology Act, 2000
 Goa Children’s Act, 2003
 The Indecent Representation of Women (Prohibition) Act, 1986
 The Transplantation of Human Organ Act, 1994
 The Hindu
 The Indian Express
 The Telegraph
 Amnesty International (2004) "'So does that mean I have rights?': Protecting the
human rights of women and girls trafficked for forced prostitution in Kosovo",
London, UK: Amnesty International.