International Journal of Pure and Applied Mathematics

Volume 119 No. 17 2018, 1397-1409

ISSN: 1314-3395 (on-line version)
url: http://www.acadpubl.eu/hub/
Special Issue
http://www.acadpubl.eu/hub/

A Study on Child Trafficking in India

1
P. Subiksha and 2M. Kannappan
1
Saveetha School of Law,
Saveetha Institute of Medical and Technical Sciences,
Saveetha University,
Chennai.
[email protected]
2
Saveetha School of Law,
Saveetha Institute of Medical and Technical Sciences,
Saveetha University,
Chennai.
[email protected]

Abstract
According to the law person who have not completed eighteen years of
age comes under the category of child. When any injustice or exploitation
caused to such children it is termed as child trafficking. It is defined as act
of cruelty where illegal transportation of child, act of buying and selling for
some commercial use and for the purpose of exploitation which is
performed within or outside the country. There are many ways through
which the children’s have reached in the traffickers but generally these
child’s are promised for an daily wage to support their family and in some
cases the parents themselves insist their children due to poverty
considering them as an asset to the family rather than providing them
education but in reality they are bought into forced slavery or transported
to various regions for begging, labour and sexual exploitation. It is difficult
to find out traffickers involved in such activities since there is lack of
proper enforcement of such laws over the issue which is otherwise called as
an silent crime unless and until there is traces of such activities found no
one will be aware of illegal prevailing of such crimes. The cause of child
trafficking is generally due to poverty, unrecovered bond or debt of their
parents or ancestors indulging children into forced and bonded labour.
Children can be trafficked with the intention of adopting them.over the
past few decades the rate of child trafficking has become more and in the
previous two years children have been abducted, kidnapped and

1397
International Journal of Pure and Applied Mathematics Special Issue

harboured. The general crimes against children are child and bonded
labour, sexual exploitation, child servitude, involuntary domestic
servitude, child soldiers etc.
Key Words:Transportation, buying, unrecoverable, poverty, abduction,
intention, slavery.

1398
International Journal of Pure and Applied Mathematics Special Issue

1. Introduction
Child trafficking is generally defined as the act of harbouring, transferring and
receiving of the child who is below 18 years of age who are abducted and taken
from homes without their consent and sold for money in the illegal market.

The nature of the crime is that it is difficult to track there is existence of such
child trafficking since there is no proper enforcement of laws. The reasons for
child exploitation maybe due to poverty, lack of proper safety to children in
remote areas as well as in urban cities. Generally children are trafficked for
begging, poverty or debt to be paid by their parents, relatives or guardians. In
some cases the children are drugged and they are prone to sexual exploitation
voluntarily. Such traffickers are difficult to trace they are also called as silent
crime makers this is the largest crime in the world. Types of child labour such
as involuntary domestic servitude, forced child labour, illegal activities, child
soldiers, child exploitation for commercial sex, child prostitution, The rate of
child trafficking is higher in Nepal.1.( Enakshi Ganguly Thukral 2009).

The role of private institutions are lacking and adoptive agencies that may be
the reason for child trafficking.2(Mayeda Jamal 2005) The slave as a trade is
increasing due to extreme poverty, illiteracy, inability to access to resources are
the causes of increased crime of child trafficking 3(Salivia Scarpa 2006)
Because of which the traffickers faces physical and mental stress and unable to
adapt to the environmental setting.(RCY Chung 2007) The crust of this problem
is due to clandestine and secret evidence and reports remain untracked and no
proper records.4(Biswajit Ghosh 2009) From the past decades the problem of
child trafficking has gain more importance and addressed as social problem.5(
Jonathan Todres 2010) Health and safety standards are more that may 6(
Yvonne Rafferty 2013) be the reason for child trafficking and there is large
volume of victims of such traffickers.

There must be interference of the government and intergovernmental

organization and committee must be formed and strict enactments to be made to
protect children and pass stringent laws to decrease the rate of this crime.
7
(Mike Dottridge 2004) The offenders involved in such trafficking can involve
in illicit trafficking, that includes aggravated form such as sexual exploitation,
slavery, slavery for commercial sex. The exploration of standardisation of
judiciary may represent a way out to response to ecology.The protection of such
children and the enactment of laws have been done at international level.8(R
Fong, JB Cardeso 2010)

The best way to prevent child trafficking is the parents should not employ their
children to work rather than educating them 9(Sylivian E.Dessy, Stephen
Pallage 2006).and inculcating proper knowledge about the current society and
teaching safety precautions India is viewed as the central hub of child
trafficking. The Immoral Traffic Prevention Act In 1956 was brought into force

1399
International Journal of Pure and Applied Mathematics Special Issue

to prevent exploitation of women and children from the offence of child

trafficking 10(A Bajpai 2017) Government of India has enacted laws in the
United Nations Convention Centre to punish the offenders who perform such
harmful activities against women especially children. There are many reasons
for such happening of child trafficking and means through which children are
exploited that leads to them to exploitation. The aim of the study is to analyze
the types of child trafficking.

2. Objectives
1. To analyze in detail the types of child trafficking in which the children
are exploited.
2. To analyze the laws which protecting the child in other countries.
Hypothesis

NULL: There is no proper laws for preventing child trafficking in India

ALTERNATE: There is proper laws for prevention of child trafficking in India

3. Materials and Methods

The present study is done in the form of doctrinal research. The secondary data
for the study is taken from books, articles, web articles, government records,
newspapers etc.

4. Review of Literature
The author explores that the children who belongs to various parts of the
country who are been affected with the unequal regularity and says that the
children are forced and get them married and involve them in household at an
early age.( Enakshi Ganguly Thukral 2009). The author says that there is
Consequent increase in the crime rate of India. The lack of security and child
protection agencies are the main reason for such crimes.(Mayeda Jamal 2005).
The author analysed that the trafficking stands third at the list of largest crime
rate and the system of slavery of children is new that is due to most of the
people below the line of poverty.(Silvia Scarpa 2005). There is existence of
international laws and discusses about the mental stress faced by the affected
people which can be difficult to adapt to the environment(RCY Chung
2007).The child trafficking can be linked with various difficulties faced by
young children’s and the reason for crime is due to lack of political will in
state(Biswajit Ghosh 2009). The children’s incapability to take decisions and
lack of mental maturity can be an key to such crimes (Neil Howard Sam
2015).In the past few years there is increased importance given to such crimes
which is been happening to children though there is various welfare measures
formulated for children (Jonathan Todres 2010) The author describes the
definition of child trafficking where infringement of a child by the offenders so
there is no freedom provided and cruelty is expressed.( Yvanne Rafferty
2013).The act of trafficking has violated the pattern of human rights of children

1400
International Journal of Pure and Applied Mathematics Special Issue

and the process of kidnappers is targeted to children without guardian and stray
children ( Mike Dottridge 2004).The ethical and cultural values are also lost its
freedom and represent an ideological aptitude towards the society and talks
about enslavement( DM Smolin 2012).The author says that the affected children
must be considered and the people must given some finance to help to recover
and other incentives from the government ( R Fong, JB Cardeso 2010).The
author suggests measures to protect such child trafficking such as inculcating
the importance of issues and teach safety measures at initially proper education
must be provided. ( Sylivian E.Dessy, Stephen Pallage 2006). It is considered as
the centre of such offenders the Immoral Prevention Act 1956 which gives
protection against the women and children(Johnson 2003).Human trafficking
which stays at the profitable industry in the world which is prevailing in
developed and undeveloped countries(web article).There is more demand in the
illegal market for organs so such traffickers make use of it kidnap various
children plunder their organs and they sell for higher price at illegal black
market the intermediaries involved here also gains more profit( Philip Perry
2014). The author suggests that every child must have minimum education in
order avoid such crimes there is prevalence until there is chance for it (Tomar
O.Muhammad 2010).The author describes that the main purpose of targeting
children is employing them in forced labour and for commercial sex.(QJiang,
Jesus J Sanchez 2013).The author describes the process through which the
children’s are prey to such crimes that involves planning as initial(S Baker
2012). The author explains about types of forced labour and reasons( Jason H
2009).Child soldering which is the most rarest and the worst practices where
triggering the children to involve into violence which is most rarest form of
exploitation found in the world(Ilse Deryln, Mediac Eric Brokerat 2004).

5. Observation
Types of Child Trafficking in India Involuntary Domestic Servitude

Domestic servitude could be a special class of labor trafficking: the plight of

domestic employees love maids, servants, housekeepers, child-caregivers, those
caring for the aged, the ill, and also the infirm. In several instances, a number of
these duties could overlap. It constitutes the second highest incidence of forced
labor during this country. several of them suffer abuse, ending up basically
command bond. Children square measure terribly vulnerable once it involves
Domestic thralldom. typically youngsters square measure told that they'll be
offered glorious wages to figure as a maid in upper-middle-class homes,
however they typically find yourself being severely underpaid, abused, and
generally sexually maltreated. This specific sort of trafficking is difficult to find
as a result of it takes place within non-public homes wherever there's no public
social control. once a year many thousands of women square measure trafficked
from rural Bharat to figure as maids within the urban areas. Currently nearly
thirty % of India’s one.2 billion folks area unit class and this is often expected
to surge to forty five % by a pair of 2020.Yet as folks get wealthier, a lot of girls

1401
International Journal of Pure and Applied Mathematics Special Issue

quit to figure and a lot of and a lot of families live to tell the tale their own
while not relatives to assist them, the voracious demand for maids has
outstripped provide.
Forced Child Labour

Legally, Children in Republic of India area unit allowed to try and do light-
weight work, however they're typically trafficked for secured labour, and
domestic work, and area unit worked way on the far side what's allowed within
the country. They also are forced to figure as secured laborers in brick rundi
and stone quarries to pay off family debts owed to moneylenders and
employers. 11(Tomar O Muhammad 2010)

Others could also be certain by abuse whether or not physical, emotional, or

sexual children from India’s rural area unitas migrate or are trafficked for
employment in industries, cherish spinning mills, oilseed production, manual
work, domestic add family homes, stone production, brick kilns and tea gardens
amongst others, wherever they're forced to figure in venturous environments for
small or no pay. Those forced into labor lose all freedom, being thrown into the
personnel, basically turning into slaves, and losing their childhood.

6. Illegal Activities
Illegal Organ Trade

Organ trafficking and illicit transplant surgeries have infiltrated world practice.
however despite the proof of widespread criminal networks and several other
restricted prosecutions in countries as well as Republic of India, Kosovo,
Turkey, Israel, South Africa and also the United States of America, it's still not
treated with the seriousness it demands. The trade involves a network of human
traffickers as well as mobile surgeons, brokers, patients, and sellers World
Health Organization meet for hole-and-corner surgeries involving cut-throat
deals that are enforced with violence, if needed. several of the “kidney hunters”
former sellers, recruited by crime bosses into the tight internet of transplant
trafficking schemes.12(Philip Perry 2014) sellers embrace poor nationals, new
immigrants, world guest staff, or political and economic refugees recruited from
abroad to serve the requirements of transplant tourists in countries that tolerate
or actively facilitate the black-market transplant trade.13.(Biswajit Ghosh2009)
Google Scholar Citationsexploitation, forced labour or service, slavery or
follow almost like slavery, thralldom for the removal of organ.
14.
www.childline.org protection of child rights
The inability and mental incapability to take decisions are the main reason for
such prevalence of child trafficking.15.( Neil Howard, Sam Okyere 2015)
Begging of Children

In India, children’s work to earn cash in order that they will support their
family. As young as vi years previous works on the streets or on the railway

1402
International Journal of Pure and Applied Mathematics Special Issue

platforms. Even on railways youngsters work on the platform. the kid Labour
(Prohibition and Regulation) modification Act, 2016 states using youngsters
(below fourteen years) has been prohibited all told occupations and processes,
with bound restricted exceptions. Commercial sexual exploitation of youngsters
(CSEC) is closely regarding sex trafficking and involves “crimes of a sexual
nature committed against juvenile victims for money or different economic
reasons.

These crimes embrace trafficking for sexual functions, vice crime sex touristry,
mail-order-bride trade, early wedding, erotica, stripping, and acting in sexual
venues reminiscent of peep shows or clubs.”12 several conjointly embrace
“survival sex” during this definition (exchange of gender for basic wants
reminiscent of shelter, food, or money), a follow ordinarily seen among
homeless/runaway youth. once CSEC involves U.S. voters or legal residents
put-upon on U.S. territory, this is often termed domestic minor sex
trafficking.13 multinational trafficking involves victims transported across
national boundaries for the needs of economic exploitation; in 2012, the bulk of
multinational victims known within the u. s. originated from North American
country, Thailand, the Philippines, Honduras, Indonesia, and Central American
nation.16.(Drn Smolin 2012).Exploitation shall prepare at the , minimum, the
exploitation of the crime of alternatives.
Prevalence

Child trafficking is a problem that's extraordinarily rife in Asian country, and is

constant to grow apace. The trafficking of young ladies (under the age of 18)
has adult fourteen times over the last decade and has grown by sixty fifth simply
within the year 2014 in line with the National Crime Record Bureau
(NCRB).There are varied reports from several areas concerning the rise of
trafficking happening in Asian country. in line with the U.S. State Department,
there square measure some 600,000 to 820,000 folks trafficked a year across
international borders, and up to five hundredth of these square measure
youngsters this can be undoubtedly seen as a growing issue in Asia, with the
various youngsters that square measure and still be trafficked for several
reasons still as being exploited. In Asian country specifically, it's calculable that
there square measure around one hundred thirty five,000 youngsters trafficked
every year. Silivia Scarpa In 2005, a study was conducted by the National
Human Rights Commission of Asian country (NHRC) when they received
Associate in Nursing dismaying range of reports from the press, police, and
non-government organisations (NGOs) concerning the increase of human
trafficking among Asian country. They found that Asian country was quick
turning into a supply, transit purpose and destination for traffickers of ladies and
youngsters for sexual and non-sexual functions. This finding has solely enlarged
since being recognized in 2005, and is turning into a really massive drawback.
Almost 20,000 youngsters and girls were subjected to human trafficking in
2016. this can be a virtually a twenty fifth rise from 2015, that may be a massive
increase for one year to a different. The areas of the best concern were

1403
International Journal of Pure and Applied Mathematics Special Issue

impoverishment stricken areas reminiscent of state, Bihar, Karnataka, province,

geographic region, Madhya Pradesh, Rajasthan, province and province. The
state among Asian country that has the foremost quantity of kid trafficking is
province, holding thirty eighth of the nation’s cases. whereas the difficulty of
kid trafficking is higher in some specific components of Asian country, it's a
really widespread drawback everywhere the state. it's troublesome to seek out
precise numbers on the difficulty of kid trafficking because of the actual fact
that it's extrajudicial, that the method is extremely uncommunicative . From the
knowledge that's proverbial, there's a really clear increase, not solely over the
past decade, however conjointly from year to year. this can be extraordinarily
regarding and also the knowledge looks to purpose to the belief that it'll still
rise.17.(Jason 2009) The protocol "provides AN prerequisite definition of
trafficking in persons. It aims at comprehensively addressing trafficking in
persons through the alleged 3 P's - Prosecution of perpetrators.
Laws To Protect Children

The legal framework on the market for addressing a case against kid trafficking
is as follows:

The Indian Penal code 1860 - The IPC punishes cheating, fraud, kidnapping,
wrongful confinement, criminal intimidation, procuring minors, shopping for
and commerce of minors for immoral functions. Special and native Laws that
may be wont to book specific forms and functions of trafficking include:

Andhra Pradesh Devadasi (Prohibition of Dedication) Act, 1988 or state

Devadasi (Prohibition of Dedication) Act, 1982

Bombay interference of mendicancy Act, 1959.

Bonded Labour System (Abolition) Act, 1976.

Child Labour Prohibition & Regulation Act, 1986.

Child wedding Restraint Act, 1929.

Guardian ship and Wards Act, 1890.

Hindu Adoption and Maintenance Act, 1956.

Immoral Traffic (Prevention) Act, 1986.

Information Technology Act, 2000.

Prevention of Illicit Traffic in Narcotic medication and hallucinogenic

Substances Act, 1988.

1404
International Journal of Pure and Applied Mathematics Special Issue

Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Transplantation of Human Organ Act, 1994.
Laws in America

History of kid abuse laws throughout the us, together with wherever ill-
treatment statues originated, and an outline of the federal 1974 the kid Abuse
bar & Treatment Act (CAPT).

The main law regulation kid labor within the us is that the truthful Labor
Standards Act. For non-agricultural jobs, kids underneath fourteen might not
use, kids between fourteen and sixteen is also utilized in allowed occupations
throughout restricted hours, and youngsters between sixteen and eighteen is also
utilized for unlimited hours in non-hazardous occupations. variety of exceptions
to those rules exist, comparable to for employment by oldsters, newspaper
delivery, and kid actors. The rules for agricultural employment are typically less
strict. The National child Labor Committee, a company dedicated to the
conclusion of all kid labor, was fashioned in 1904. By commercial enterprise
info on the lives and dealing conditions of young employees, it helped to
mobilize fashionable support for state-level kid labor laws. These laws were
typically paired with mandatory education laws that were designed to stay kids
in class and out of the paid marketplace till a mere age (usually twelve, 14, or
sixteen years.
Laws in China

The minimum age for operating in China is sixteen. Before The PRC Labor
Law (Labor Law) was passed in 1994, the State Council issued The Provisions
on the Prohibition of exploitation kid Labor (Child Labor Provisions) to ban
child labor in 1991, that were amended in 2002.18.( Q Jiang Jesus J Sanchez
2013).317-335.
In 2003, eight central government authorities together with the Ministry of
Labor, the Ministry of peace, and also the Ministry of Education collectively
issued a notice to strengthen implementation of kid Labor Provisions. Article
fifteen of the Labor Law prohibits associate leader to recruit minors below the
age of sixteen, with exception created for establishments of literature, art,
physical culture, and special crafts which can recruit minors through
investigation and approval of the govt. authorities, and should guarantee the
minors’ rights to obligatory education. exploitation kid labor while not
government approval might end in RMB5,000 (equivalent to concerning USD
$660) fine per kid employee per month.
Laws in Africa

Providing care and support to several parentless and vulnerable kids and
reducing the high levels of violence against kids and girls ar among South
Africa’s most intimidating tasks. Even with the country’s progressive kid
protection laws and policies, preventing and addressing violence remains a
serious challenge. Many families in Republic of South Africa face severe

1405
International Journal of Pure and Applied Mathematics Special Issue

challenges in protective and caring for his or her kids. On one hand, the country
has genetic a gift of violence, extreme difference and social dislocation. On the
opposite hand, the country’s immense HIV burden has resulted in high levels of
orphaning. Childhoods ar purloined as kids attack adult roles as caregivers of
unwell parents; or of siblings in child-headed households.

A key national accomplishment has been the institution of a progressive legal

framework and therefore the elaboration of policies that shield kids and
guarantee their rights to social services. The Children’s Act brings South
African law in line with the Convention on the Rights of the kid . the kid Justice
Act establishes a separate criminal justice system for youngsters in conflict with
the law, and therefore the Sexual Offences Act includes a large vary of crimes
that ordinarily occur against kids. Together, these laws kind the muse of a
comprehensive kid protection framework.

7. Findings
The result of the study is that there are child trafficking still prevailing in India
and the main cause is that due to proper awareness and knowledge about such
crime happening around them and illiteracy which may be the cause which
creates an opportunity to such traffickers and poverty which provides an
opportunity to traffickers. in step with a report revealed by tU.S. Department of
State, “India could be a supply, destination and transit country for men, girls
and youngsters subjected to forced labour and sex trafficking.19.(Ilse Derylyn
Meduc, Eric Brokereat 2004) The underprivileged social strata- lowest caste
Dalits, members of social group communities, non secular minorities female
from excluded teams – area unit most vulnerable. The lack of awareness may be
a state of affairs that traffickers exploit particularly once it involves uneducated
poor living in slums and alternative backward regions within the country.20.(S
Baker 2012)

Traffickers promise daily wages to oldsters of young youngsters and transport

them to massive cities wherever they're usually treated as commodities.
Families in dire money conditions area unit usually approached by traffickers
with a suggestion to shop for their youngsters and with no alternative shake
their pitiful conditions.

8. Suggestions
The reason for such crimes is due to lack of awareness so the child traffickers
take the chance especially the people of backward regions and illiterate people
where such traffickers use this opportunity and provide an gratuitous promise to
provide more wages transport them to big cities and treat them as commodities.
Families die due to financial conditions often approach to purchase children. So
as parents they must have knowledge and ability to identify such traffickers
there are many organisation who must work for spreading awareness and must

1406
International Journal of Pure and Applied Mathematics Special Issue

conduct campaigns and must tighten the security in rural areas especially and
private organisation should come forward to protect and finance such children
to education and enable them to go to school.

9. Conclusion
India is viewed as a hub for human trafficking, whereas the difficulty could be a
low priority for Indian Government. The Immoral Traffic interference Act was
initial amended in 1956; the act was created to stop trafficking and sexual
exploitation of ladies and children however will the Act offer clear definition of
"'trafficking'" In 2003, Asian nation implemented the international organization
Convention against multinational gangland, which incorporates 3 protocols,
specifically the Protocol to stop, Suppress, and penalize Trafficking in Persons,
particularly girls and kids.

References
[1] Enakshi Ganguly Thukral (2009) Child Trafficking in India.
[2] Mayeda Jamal(2005)Child Trafficking in India, Journal of Child
Rights Information, Volume 2 (2), pg.no 121-135.
[3] Silvia Scarpa(2006), Child Trafficking In India as the most
vulnerable victims, Volume 44(8), pg.no 447-492.
[4] RCY Chung (2007) Children for sale, Child Trafficking in South
East Asia, International Issues In Child Prediction, Volume 16(6)
pg.no 401-412.
[5] Biswajit Ghosh (2009) Trafficking In Women and Children in
India dimension strategies, International Journal of Human
Rights, Volume 13(5), pg.no 716-738.
[6] Neil Hawardi Sam, Okyere (2015) Beyond Child Trafficking and
Slavery
[7] Jonathan Todres (2010), Developing an Comprehensive
response to child trafficking, Vanderbilt Journal of transactional
Law, Volume 43(1), pg.no 20-56.
[8] Yvonne Rafferty (2013) , Child trafficking and Commercial sexual
exploitation, American Journal of Orthopsychiatry, Volume 82(4),
pg.no 559-575.
[9] Mike Dottridge (2014), Terre de Hommes, Kids as Commodities
(Child Trafficking.
[10] Drn Smolin (2012) Intercountry adoption as child trafficking,
International Journal of Current and advanced research, Volume
12(2), pg no. 17-23.

1407
International Journal of Pure and Applied Mathematics Special Issue

[11] R Fong, JB Cardaso( 2010) Elsifer Evaluation and Programme

Planning, International Journal of Current and Advanced
Research.
[12] Sylvian E.Dessay, Stephane Pallage (2006) Barter Law,
Enforcement against child trafficking.
[13] A Bajpai (2017) Oxford University press, Child trafficking in India.
[14] www.childline.org protection of child rights
[15] Philip Perry (2014) Child Trafficking for organs Big think of
website article.
[16] Tomar O. Muhammad (2000) Journal of comparative Economics,
The Economics of Human trafficking.
[17] Q Jiang Jesus J Sanchez (2013) Child trafficking In China,
Volume 49(3), pg.no 317-335.
[18] S Baker (2012) Child Trafficking Worst form of child labour, Wiley
Online Library, Volume 43(4).
[19] Jason H (2009) Types of child trafficking International Journal of
Advanced Research.
[20] Ilse Derlyn Mediac, Eric Broekaert (2004) Post traumatic stress
in child soldiers, Volume 363( 412) Pg.no 861-863.

1408
1409
1410