WAYS TO COMBAT HUMAN TRAFFICKING

ABSTRACT

Human trafficking is a widespread and compound social, economic, and human rights issue
occurring in every region of the world. While there have been an increasing number of anti-
human trafficking studies from the Operations Research and Analytics domains in recent
years, no systematic review of this literature currently exists. We fill this gap by providing a
systematic literature review that identifies and classifies the body of Operations Research and
Analytics research related to the anti-human trafficking domain, thereby illustrating the
collective impact of the field to date. We classify 142 studies to identify current trends in
methodologies, theoretical approaches, data sources, trafficking contexts, target regions,
victim-survivor demographics, and focus within the well-established 4Ps principles. Using
these findings, we discuss the extent to which the current literature aligns with the global
demographics of human trafficking and identify existing research gaps to propose an agenda
for Operations Research and Analytics researchers.

INTRODUCTION

Almost 300 years ago, the Indian Slavery Act, 1843 was passed which outlawed transactions
associated with slavery and anyone who would partake in the buying and selling of slaves
would be penalized under the Indian Penal Code, 1860. This evil practice is still prevalent
under the moniker of modern slavery or human trafficking.

Human trafficking like slavery is exploitation of humans for personal or financial gains. The
victims are subjected to fraud or coercion for the purpose of commercial sex, debt bondage or
involuntary labour.

Human Trafficking is defined by the 1United Nations Office for Drugs and Crime (UNODC)
in the Trafficking Protocol as 'the recruitment, transport, transfer, harbouring or receipt of a
person by such means as threat or use of force or other forms of coercion, abduction, fraud or
deception for the purpose of exploitation.' The UNODC estimates that:

• 51% of identified victims of trafficking are women, 28% children and 21% men

• 72% people exploited in the sex industry are women

• 63% of identified traffickers were men and 37% were women

1
https://www.unodc.org/unodc/en/Resolutions/resolution_1958-07-28_6.html
• 43% of victims are trafficked domestically within national borders

According to the UNODC, there are three core elements that constitute human trafficking, the
act (what is done), the means (how it is done) and lastly, the purpose (why it is done). There
is a common misconception that transportation of persons across borders is also an essential
element to constitute human trafficking but transport within a country or even a community
constitutes trafficking. However, transport across borders is essential for constituting human
smuggling.

Human trafficking (HT) involves the commercial exchange and exploitation of individuals
for monetary or other gain using force, fraud, or coercion and is a widespread social,
economic, and human rights issue. While the trafficking of individuals is a centuries-old
phenomenon, over the past two decades there has been growing public and research
awareness, in part with the ratification of the 2000 Palermo Protocol 2 to Prevent, Suppress,
and Punish Trafficking in Persons. Although precise figures are elusive, the Global Estimates
of Modern Slavery Report estimates that HT impacts 25M individuals and annually generates
more than 150 billion USD in illicit gains globally. HT is broadly classified as labour and sex
trafficking; while all trafficking features exploitation, the actions and means by which HT
occurs may differ. Labour trafficking takes place in a wide variety of sectors, including the
agriculture, domestic work, construction, fishing, food service, and beauty industries. Sex
trafficking is a part of the broader commercial sex industry, occurring in industries such as
escort services, brothels, and pornography.

Because the scope of HT activity is vast and there are diverse ways in which individuals are
exploited, context is critical, and effectively addressing HT increasingly requires efforts from
multiple disciplines, including interdisciplinary collaborations. For example, HT
interventions include approaches from multiple sectors and disciplines such as social work,
healthcare, criminal justice, and economics; each domain brings unique perspectives and
methods to understand and address HT.

Owing to the breadth of domains that contribute to anti-HT research, a wealth of literature
exists that has been well-documented in surveys over the years. Existing reviews focus on
social science, healthcare, and law enforcement approaches; whereas OR and Analytics have
much to offer, no systematic review exists for the emerging landscapes of Operations
Research (OR) and Analytics as applied to anti-HT.
2
https://home-affairs.ec.europa.eu/networks/european-migration-network-emn/emn-asylum-and-migration-
glossary/glossary/palermo-protocol_en
 TYPES OF HUMAN TRAFFICKING

Human trafficking is mainly divided into three types namely sex trafficking, forced labour
and domestic servitude.

Sex trafficking

It is exploitation of humans for commercial sex which includes prostitution, pornography, sex
tourism etc. Sex trafficking is a market-driven criminal industry that is based on the
principles of supply and demand. Worldwide, it is estimated that there are 4.5 million victims
of sex trafficking. Victims of sex trafficking often face physical injuries, psychological
trauma, venereal diseases like HIV/AIDS, and social ostracism as a result of the abuse and
exploitation.

Forced labour

Forced labour or unfree labour is when people are forced to work or provide services, sexual
or otherwise, against their will. This can be induced by threat of penalty, detention, violence
or fraud or coercion. The fishing, textile, construction, mineral and agriculture industries are
particularly laced with forced labourers. These labourers are often paid meagre to no wages.
Forced labour is especially predominant in racially excluded groups like Dalits. International
Labour Organization (ILO)3 has estimated that there are approximately 20.9 million victims
trapped in forced labour.

Domestic servitude

Domestic servitude is when the freedom of domestic helpers like nannies, maids or live-in
help is compromised to such an extent that it amounts to enslavement. The circumstances of
domestic helpers already create a unique, unfavourable and vulnerable environment due to
the lack of legal aid and isolating conditions that can be easily achieved in private homes.
The perpetrator can further make it worse by creating a work environment wherein he can
exploit the victim and exercise complete control over them. There are several methods that
can be employed to wield such control.

Firstly, the employer can confiscate the victim's identification papers and travel documents
making them extremely vulnerable and dependent on the employer especially if the victim is
3
https://www.ilo.org/global/topics/forced-labour/lang--en/index.htm#:~:text=Facts%20and
%20figures,22%20million%20in%20forced%20marriage.
an immigrant. Secondly, the perpetrator can also isolate the victim from friends and family by
not allowing them to leave the house, this can be done by using threats and violence.

The International Labour Organization (ILO) 4 estimates that at least 67 million men and
women work as domestic workers across the world and about 80% are women and girls.

Other sub-types

The other types of human trafficking include child labour, where the exploitation ranges from
labour industries like agriculture and raw material extraction, commercial trade, prostitution
to drug couriering. Cases of forced marriage can also amount to human trafficking. Another
form of trafficking is organ trade, the trafficker usually executes this by employing one of the
following three methods:

 By coercing the victim into removing and selling their organs;

 By obtaining the consent of the victim and falsely promising a sum of money in
exchange; or
 By removing and selling off the organs without the acknowledgement of the victim
under the pretext of treatment for another illness.

Vulnerable persons

Although anyone of any race, gender, sex, class and creed can be a victim of human
trafficking, there are certain sections of society that are more susceptible than others, which
are set out below:

Individuals below the poverty line and unemployed persons

Traffickers tend to prey on people facing destitution by offering fake lucrative jobs or loaning
money, making victims incur huge debts. Victims, with hopes of leading a better life and
being able to provide for their families, accept these risky proposals.

Immigrants

Both, legal and illegal immigrants are more vulnerable to the deceptive and coercive tactics
of traffickers due to language barriers and unfamiliarity to the host country. Traffickers
further blackmail and establish control over undocumented immigrants by threatening to
report them to the authorities.

4
https://www.ilo.org/global/topics/forced-labour/lang--en/index.htm#:~:text=Facts%20and
%20figures,22%20million%20in%20forced%20marriage.
Children

Children are considered easy targets for trafficking due to their inexperience, innocence and
naivety. It is relatively easy to manipulate them with empty promises and lies.

Runaway or homeless youth and youth facing problems at home

Teenagers who face abuse and neglect at home are often subjected to the process of
'grooming', i.e. the perpetrator isolates the victim from their family and friends while
collecting information on them and gaining their trust by building a relationship which is
usually a romantic one. Once this has been accomplished, the perpetrator abuses the victim's
trust and exploits them. The grooming process is easier to execute on runaway youth since in
most cases they already do not have any kind of support system.

Individuals with a history of trauma and abuse

Persons who have faced violence or abuse are already emotionally wounded making them
more susceptible to being preyed on by perpetrators due to low self-confidence and the
feelings of unworthiness and powerlessness that they harbour.

LAWS FOR SAFEGUARDING HUMAN TRAFFICKING

There are different laws that deal with the different types of trafficking, which are listed
below:

(i) Indian Penal Code, 1860

In India, human trafficking is primarily dealt with under the Indian Penal Code, 1860.

The important sections are as follows:

General Provisions

Section 347 - Any person who wrongfully confines any other person to extort from them or
to constrain them to engage in illegal acts shall be punished with imprisonment of up to 3
years along with a fine.

Section 357 - Whoever uses assault or criminal force to wrongfully confine a person, shall be
imprisoned for a term of up to one year or with a fine of up to rupees one thousand.
Section 363 - Whoever kidnaps a person from India or from lawful guardianship shall be
punished with imprisonment of up to seven years and will also be liable to be fined.

Section 365 - Whoever kidnaps or abducts with intent secretly and wrongfully to confine a
person, shall be punished with imprisonment of up to 7 years along with a fine.

Section 370

This section defines the offence of trafficking as:

'Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d)
transfers, or (e) receives, a person or persons, by:

 using threats, or
 using force, or any other form of coercion, or
 by abduction, or
 by practising fraud, or deception, or
 by abuse of power, or
 by inducement, including the giving or receiving of payments or benefits, in order to
achieve the consent of any person having control over the person recruited,
transported, harboured, transferred or received, commits the offence of trafficking.

According to this section, exploitation includes physical or sexual exploitation, slavery,

servitude or forced removal of organs. The consent of the victim to any of these acts is
immaterial. The punishment for this offence is imprisonment for a term which from seven
years to ten years along with a fine, although when the offence involves the trafficking of
more than one persons the punishment is imprisonment for a term of ten years which may
extend to life imprisonment. According to this section, exploitation includes physical or
sexual exploitation, slavery, servitude or forced removal of organs.

 Section 506

The punishment for criminal intimidation is imprisonment which may extend up to two
years, or with fine or both.

SPECIAL PROVISIONS

Sex trafficking –

 Section 354 -A
Any man committing the following acts: physical contact and advances involving unwelcome
and explicit sexual overtures; or a demand or request for sexual favours; or showing
pornography against the will of a woman shall be imprisoned for a term of up to three years
or with a fine or both.

 Section 376

The punishment for rape is imprisonment for a term not less than ten years and extending up
to life imprisonment, or with fine or both.

Forced marriage

 Section 366 - Whoever kidnaps, abducts or induces a woman to compel her marriage
shall be punished with imprisonment of up to ten years along with a fine.

Minors

 Section 366-A

Procuration of a minor girl shall be punishable with imprisonment which may extend to ten
years in addition to fine.

 Section 366-B

Importation of girl (under the age of twenty-one years) from foreign country shall be
punishable with imprisonment which may extend to ten years in addition to fine.

 Section 370 (4)

Where the offence involves trafficking of one minor the punishment shall be imprisonment
for not less than ten years extending up to life imprisonment and shall also be liable to fine.

 Section 370 (5) –

Where the offence involves trafficking if more than one minor the punishment shall be
imprisonment for not less than ten years extending up to life imprisonment and shall also be
liable to fine.

 Section 370 (6) –

If a person is convicted for trafficking of minor on more than one occasion, the punishment
shall be life imprisonment and shall also be liable to fine.
  Section 372

Whoever sells minors for the purpose of prostitution or illicit intercourse with any person or
for any unlawful and immoral purpose, shall be punished with imprisonment extending up to
ten years, and shall also be liable to fine.

Slavery

 Section 371

Habitual imports, exports, trafficking, buying, selling etc in slaves, shall be punished with
imprisonment for life, or with imprisonment for a term not exceeding ten years, and shall also
be liable to fine.

 Section 374

Unlawful compulsory labour against the will of the person shall be punished with
imprisonment extending up to one year, or with fine, or both.

Aiding human trafficking

 Section 368

Whoever wrongfully conceals or keeps in confinement, kidnapped or abducted person shall

be punished in the same manner as the kidnapper or abductor himself i.e. with imprisonment
which may extend up to ten years along with fine.

 Section 370-A (1)

Whoever engages a trafficked minor for sexual exploitation in any manner, shall be punished
with imprisonment for a term which shall not be less than five years, but may extend to seven
years, shall also be liable to fine.

 Section 370-A (2) –

Whoever engages a trafficked person for sexual exploitation in any manner, shall be
punished with imprisonment for a term which shall not be less than three years, but which
may extend to five years, and shall also be liable to fine.

 Section 373
Whoever buys minors for the purpose of prostitution shall be punished with imprisonment for
a term which may extend to ten years, shall also be liable to fine.

(ii) Immoral traffic (prevention) act 1956

This Act deals with human trafficking for the purposes of sexual exploitation.

 Section 3

The punishment for keeping a brothel shall be imprisonment for a term of not less than one
year and not more than three years along with fine which may extend to two thousand rupees.

 Section 4

The punishment for living on earnings of prostitution shall be imprisonment for a term of not
less than one year and not more than three years, also with fine which may extend to two
thousand rupees. If the earnings are from prostitution of a minor the punishment shall be,
shall be punishable with imprisonment for a term of not less than seven years and not more
than ten years.

 Section 5

Procuring, inducing or taking person for the sake of prostitution with or without their consent
shall be punishable with imprisonment for a term of not less than three years and not more
than seven years and also with fine which may extend to two thousand rupees and if it is
committed against the will of any person, the punishment of imprisonment for a term of
seven years shall extend to imprisonment for a term of fourteen years.

 Section 6

Detaining a person in premises where prostitution is carried on shall be punished with

imprisonment for a term which shall not be less than seven years but which may be for life or
for a term which may extend to ten years and shall also be liable to fine.

Apart from the above, this Act also provides punishments for offences like seducing or
soliciting for purpose of prostitution, prostitution in or in the vicinity of public places and
seduction of a person in custody.

(iii) The Constitution of India, 1949

 Article 23
Trafficking in humans and forced labour is prohibited and is punishable in accordance with
law.

 Article 24

It states that any child under the age of fourteen years shall not work in any hazardous
employment like factories or mines.

(iv) The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018
[Lapsed]

The objective of this bill was to prevent trafficking of persons, providing protection and
rehabilitation to the victims of trafficking and to prosecute offenders, it was passed in the Lok
Sabha on July 26, 2018 and was listed for passage in Rajya Sabha but has lapsed.

There are other specific legislations enacted relating to trafficking in women and children like
The Prohibition of Child Marriage Act, 2006, Bonded Labour System (Abolition) Act, 1976,
Child Labour (Prohibition and Regulation) Act, 1986, and The Transplantation of Human
Organs Act, 1994.

PROCEDURE TO BE EXERCISED FOR COMBAT OF HUMAN TRAFFICKING

 Better inclusion and collaboration of the 4Ps.

The 4Ps (prevention, protection, prosecution, and partnership) are widely acknowledged as a
holistic set of principles that accounts for the spectrum of anti-HT efforts. Thus, while there
exists demonstrated impact for prosecution-related activities, there are opportunities to
contribute to anti-HT efforts in the spheres of prevention, protection, and partnership. A key
way to increase the impact of OR and Analytics research in the fight against HT is to be
keenly aware of all stakeholders involved, their various objectives, and how the research
addresses the 4Ps. For example, while law enforcement may make decisions based on the
likelihood of prosecuting traffickers, possibly at the expense of additional trauma to victims,
Non-Government Organizations (NGOs) may focus more on the immediate needs of the
survivors, offering an avenue for research around prevention and protection.

NGOs and governmental agencies often work directly with victims and survivors and could
both inform avenues for profitable research studies, and themselves benefit from
collaboration with OR and Analytics researchers. Given the often-extreme resource
constraints under which NGOs and governmental organizations operate, examining ways to
evaluate current operations and improve resource allocation is a direction that deserves more
study; less than 3.0% of all studies considered these areas.

There are few methods using which this human trafficking activity can be prohibited:

1. Learn the indicators of human trafficking by taking a training. Human trafficking

awareness training is available for individuals, businesses, first responders,
law enforcement, educators, and federal employees, among others.

2. Be a conscientious and informed consumer. Encourage companies to take steps to

prevent human trafficking in their supply chains and publish the
information, including supplier or factory lists, for consumer awareness.

3. Volunteer and support anti-trafficking efforts in your community.

4. Meet with and/or write to your local, state, federal elected officials to let them know
you care about combating human trafficking and ask what they are doing to address it.

5. Be well-informed. Set up a web alert to receive current human trafficking news.

6. Host an awareness-raising event to watch and discuss films about human trafficking.
For example, learn how modern slavery exists today; watch an
investigative documentary about sex trafficking; or discover how forced labour can
affect global food supply chains. Alternatively, contact your local library and ask for
assistance identifying an appropriate book and ask them to host the event.

7. Organize a fundraiser and donate the proceeds to an anti-trafficking organization.

8. Encourage your local schools or school district to include human trafficking in their
curricula and to develop protocols for identifying and reporting a suspected case of
human trafficking or responding to a potential victim.

9. Use your social media platforms to raise awareness about human trafficking, using the
following hashtags: #endtrafficking, #freedomfirst.

10. Think about whether your workplace is trauma-informed and reach out to
management or the Human Resources team to urge implementation of trauma-
informed business practices.

11. Become a mentor to a young person or someone in need. Traffickers often target
people who are going through a difficult time or who lack strong support systems. As
 a mentor, you can be involved in new and positive experiences in that person’s
life during a formative time.

12. Parents and Caregivers: Learn how human traffickers often target and recruit
youth and who to turn to for help in potentially dangerous situations. Host community
conversations with parent teacher associations, law enforcement, schools,
and community members regarding safeguarding children in your community.

13. Youth: Learn how to recognize traffickers recruitment tactics, how to safely navigate
out of a suspicious or uncomfortable situations, and how to reach out for help at any
time.

14. Faith- based Communities: Host awareness events and community forums with anti-
trafficking leaders or collectively support a local victim service provider.

15. Businesses: Provide jobs, internships, skills training, and other opportunities to
trafficking survivors. Take steps to investigate and prevent trafficking in your supply
chains by consulting the Responsible Sourcing Tool and Comply Chain to develop
effective management systems to detect, prevent, and combat human trafficking.

16. College Students: Take action on your campus. Join or establish a university club to
raise awareness about human trafficking and initiate action throughout your local
community. Consider doing one of your research papers on a topic concerning human
trafficking. Request that human trafficking be included in university curricula.

17. Health Care Providers: Learn how to identify the indicators of human trafficking
and assist victims. With assistance from local anti-trafficking organizations, extend
low-cost or free services to human trafficking victims. Resources from the
Department of Health and Human Services can be found on their website.

18. Journalists: The media plays an enormous role in shaping perceptions and guiding
the public conversation about human trafficking. Seek out some media best practices
on how to effectively and responsibly report stories on human trafficking.

19. Attorneys: Offer human trafficking victims legal services, including support for those
seeking benefits or special immigration status. Researchers are available for attorneys’
representing victims of human trafficking.
 LANDMARK JUDGEMENTS AGAINST HUMAN TRAFFICKING IN INDIA

People's Union for Democratic Rights v. Union of India5,

In this judgment, the honourable Supreme Court defined forced labour, while discussing the
scope of Article 23 of the Constitution of India, stated: The word force must therefore be
construed to include not only physical or legal force but also force arising from the
compulsion of economic circumstances which leaves no choice of alternatives to a person in
want and compels him to provide labour or service even though the remuneration received for
it is less than the minimum wage.

Bachpan Bachao Andolan Vs Union of India6

In this case, the solicitor general of India submitted that an officer who is responsible for the
implementation of laws relating to children shall be appointment by each state government. It
was held that no child shall be deprived of his fundamental rights guaranteed under
Constitution of India and bring to child traffic and abuse.

Budhadev Karmaskar v. State of West Bengal7,

In this judgment the Supreme Court appointed a panel to monitor and suggest rehabilitation
scheme for trafficked sex workers and trafficked victims. While dismissing the appeal by the
accused in a case of a brutal murder of a sex worker, the Supreme Court stated:

We strongly feel that the Central and the State Governments through Social Welfare Boards
should prepare schemes for rehabilitation all over the country for physically and sexually
abused women commonly known as prostitutes as we are of the view that the prostitutes also
have a right to live with dignity under 8Article 21 of the Constitution of India since they are
also human beings and their problems also need to be addressed.

As already observed by us, a woman is compelled to indulge in prostitution not for pleasure
but because of abject poverty. If such a woman is granted opportunity to avail some technical
or vocational training, she would be able to earn her livelihood by such vocational training
and skill instead of by selling her body.

5
(1982) 3 SCC 235
6
2011 SCC (5) 1
7
(2011) 11 SCC 538
8
https://www.constitutionofindia.net/articles/article-21-protection-of-life-and-personal-liberty/
Hence, we direct the Central and the State Governments to prepare schemes for giving
technical/vocational training to sex workers and sexually abused women in all cities in India.
The schemes should mention in detail who will give the technical/vocational training and in
what manner they can be rehabilitated and settled by offering them employment. ‘Human
trafficking is a complex issue that requires a multidisciplinary approach to stop it.

Alliance against Trafficking in Persons

The Alliance against trafficking in person is a broad international forum that includes
international, non-governmental and inter-governmental organizations who join forces to
prevent and combat human trafficking. The UN Human Rights Office is an active member of
the Alliance. We participate in the meetings of the Alliance Expert Co-ordination Team and
support the organization of the annual high-level Alliance conference.

CONCLUSION

This survey provides a synopsis of the current state of the literature in OR and Analytics
approaches in anti-HT contexts by surveying the research methodologies adopted in studies
published from 2010 through 2021. A total of 142 studies were included in the set and
examined, demonstrating the ability and promise of applying analytical methods to advance
the fight against HT. A number of themes arose after careful review of the features of these
studies, thereby illustrating opportunities for future research. We observed an increasing
trend in the number of studies for both OR and Analytics, thus demonstrating a growing
awareness of the issue of HT. However, the tendency of these works to focus specifically on
sex trafficking underscores the need for future research in labour trafficking. Very few (less
than 2 4.0%) of the studies on anti-HT in OR and Analytics focus on a specific sub-
population, potentially failing to consider the diverse needs of victims and survivors. Existing
OR and Analytics studies echo the anti-HT community at large for more available data. HT is
diverse and nuanced, and researchers should make careful considerations when adapting
existing methods to this vexing societal issue, considering efforts equally in prevention,
protection, prosecution, and partnership.

Even to this day there is ambiguity and uncertainty in the minds of people about the concept
of human trafficking. The government, the media and educational institutes should partake in
creating awareness about it, it is especially important to educate the vulnerable section of the
society.

Even though, in India there are several provisions against human trafficking, there is no one
comprehensive and complete law which would deal with all types of human trafficking and
the protection of victims.

This research article is written by Samruddhi Ghumare in the second year, fourth
semester assigned by Prof. Shivanjali.