A Dissertation

ON
' Socio Legal Study On Human Trafficking In India '

Submitted To The DEPARTMENT OF LAW

JAI NARAIN VYAS UNIVERSITY, JODHPUR
In the partial fulfilment of Course - IV of
LL.M. III Semester in Human Rights Branch

Under the Supervision of Submitted by

Dr. Vinod Kumar Bagoria Bhagirath

(Name of Suprevision) (Name of Student )
Roll No. 22LLM20006

FACULTY OF LAW
JAI NARAIN VYAS UNIVERSITY, JODHPUR
2022-23

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 CERTIFICATE

This is to certify that Bhagirath is a student of LL.M III Semester,

Human Rights Branch, Faculty of Law, Jai Narain Vyas University,

Jodhpur. He has completed the Dissertation entitled “Socio Legal Study

On Human Trafficking In India” Under my supervision. He has carried

her work with utmost sincerity and dedication.

Date :

Signature of Supervisor

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 DECLARATION

I, Bhagirath, student of LL.M III-Semester, Human Rights Branch do

hereby declare that:

1. The work contained in this dissertation is my own work and isoriginal.

2. The present work has not been submitted to any other Universityfor any
degree or diploma.

3. I have followed the guidelines of the University.

4. I have properly acknowledged the material collected fromsecondary

sources wherever required

5. I own the responsibility for the originality of the entire contents.

Date:

Place: Jodhpur

Signature of Student

Bhagirath

(Name of Student)

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 ACKNOWLEDGEMENT

This DOCTRINAL Research work is an outcome of honesty and self-hard

workings and I assure that this work is not been copied wholly by any

means and is purely completed and edited by the Researcher. The

Researcher acknowledges and expresses profound sense of gratitude to all

teachers and Special acknowledgement to our "Dr. Vinod Kumar Bagoria

Ji" under who’s guidance, the researcher was honored to complete the

research work and his guidance was very much important. Here the

Researcher presents this work.

Bhagirath
LL.M Third Semester

(Human Rights),
JNVU, JODHPUR

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 TABLE OF CONTENTS
CHAPT PARTICULARS PAGE
ERS NO.
1 INTRODUCTION 11

1.1 MEANING OF HUMAN 12

TRAFICKING
1.2 PROSTITUTION 13
1.3 DEFINITION OF HUMAN 13
TRAFFICKING
1.4 ELEMENT OF HUMAN 14
TRAFICKING
1.5 MACRO LEVEL FACTOR 14
ENABLING TRAFFICKING
1.6 IMPACT OF HUMAN 15
TRAFFICKING
1.7 VEDIC AGE 17
1.8 POST INDEPENDENCE PERIOD 21
1.9 POSITION OF WOMEN DURING 21
VEDIC AGE
1.10 POSTION OF WOMEN DURING 22
EPIC AGE
1.11 POSITION OF WOMEN DURING 27
BRITISH RULE
1.12 MAGNITUDE OF THE HUMAN 29
TRAFFICKING
1.13 MAJOR CAUSES FOR 29
TRAFFICKING IN WOMEN
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2 INTERNATIONAL HUMAN 32
TRAFFICKING
2.1 INTERNATIONAL LAW AND 32
TRAFFICKING IN WOMENAND
CHILDREN
2.2 THE ILO FORCED LABOUR 33
CONVENTIONS AND ILO
VIEWS
2.3 INTERNATIONAL INSTRUMENTS 35
2.4 COMPLIANCE WITH 38
INTERNATIONAL LAW
2.5 ENFORCEMENT OF 40
INTERNATIONAL LAW:
THE REGIONAL
SOLUTION
2.6 ENFORCEMENT OF 41
INTERNATIONAL
LAW:OBSTACLES
2.7 CAUSES OF TRAFFICKING IN 42
ABROAD
2.8 HUMAN TRAFFICKING IN THE 47
MIDDLE EAST
2.9 TRAFFICKING IN 55
WOMEN AND
CHILDREN AND
UNITED NATIONS
2.10 TRAFFICKING PATTERNS AND 71

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 FLOWS
2.11 GLOBALIZATION AND 74
TRAFFICKING IN WOMEN
AND CHILDREN
2.12 GLOBALIZATION AGAINST 78
TRAFFICKING IN WOMENAND
CHILDREN: PREVENTION,
PROTECTION, PROSECUTION
3 NATIONAL EFFORTS FOR 92
PREVENTION
3.1 LEGISLATIONFRAMEWORK 97
3.2 ROLE OF JUDICIARY 98
4 INDIAN SCENARIO AS TO HUMAN 100
TRAFFICKING ISSUES
4.1 MAGNITUDE OF HUMAN 101
TRAFFICKING OF INDIA
4.2 TRAFFICKING OF MINOR GIRLS 103
THE SECOND MOST PREVALENT
TRAFFICKING
4.3 NATIONAL 103
INITIATIVES FOR
COMBATING
TRAFFICKING
4.4 IMPORTANCE OF RIGHTSOF 104
WOMEN
4.5 NATIONAL FRAMEWORK OF 106
LAWS FOR COMBATING

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 TRAFFICKING IN INDIA

5 INSTITUTIONAL MECHANISM 115

5.1 THE NATIONAL COMMISSION 115

FOR WOMEN
5.2 NATIONAL HUMAN RIGHT 116
COMMISSION
5.3 THE NATIONAL CRIME RECORDs 117
BUREAU
5.4 OTHER GOVERNMENT SCHEME 120
FOR PREVENTION
6 CONCLUSION AND SUGGESTION 143

BIBLIOGRPHY 150

A CASE STUDY ON TRAFFICKING OF

CHILDREN ANDWOMEN

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 PREFACE
Human trafficking has become a global concern as the magnitude of
trafficking of women and children has increased at alarming rate.
Trafficking is a serious human rights violation but it is not considered as
criminal offence which is the main cause for increase in the magnitude of
the crime. It is a violation of human rights which is considered as
fundamental, inherent right enjoyed by both men and women without any
discrimination. Constitution guarantees its citizen the protection of their
human rights through fundamental rights enshrined in the Constitution.
But there are serious violations of the guaranteed rights in trafficking
offence. Trafficking of womenand girls are at higher rate when compared to
men, they are subjectedto various kinds of human rights violations which
effects the basic right to life, dignity, freedom from cruel, inhumane and
degrading treatment, right to liberty, security, right to education,
employment and health care. Women have been considered as a
commodity and they are not entitled to claim any rights this being the
mindset of people. This is one of the reason women become easy prey to
all kinds human rights violations. This research work was undertaken in
order to ascertain the seriousness of the crime and the magnitude at which
it is growing. It is a humble endeavor to deal with the subject of trafficking
in women and children in India exhaustively. Law enforcement authorities,
advocates, NGOs and the victims were interviewed in order to ascertain
the modus operandi of the traffickers and other exploiters involved in this
criminal offence. This research not only helped in understanding the
various issues involved, dimensions of the crime, strategies adopted by the
traffickers in committing the crime and reasons for failure in effectively
combating trafficking. The research work will create awareness as to the

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seriousness of the crime and help women and children from being
trafficked or subjected to exploitation. The termTrafficking is generally
understood as missing case and the efforts taken by the law enforcement
authorities to trace them is not effective and the public do not consider that
missing of women and girls can also include trafficking where they might
have been trafficked by the traffickers or exploiters for exploiting them for
various purposes. As this offence is complex and multidimensional in
nature and leads to confusion as to the concept, it requires a deep
understanding of this organized crime vi and this offence of trafficking has
to be placed as top priority in criminal offence list to be dealt with by the
law enforcement authorities. There is need for an in-depth study on this
offence in order to ascertain the actual trafficking scenario in India and
especially in Bengaluru being a metropolitan city where thousands of
people come in search of lucrative job opportunities and there are all
possibilities they may become victims of trafficking. There is need for
creating an accurate data base as to the trafficking cases and also develop
suitable measures to protect the vulnerable sections of society from being
trafficked. I hope the findings and recommendation highlighted in my
thesis will open up new possibilities of curbing the trafficking rate and the
women and children lead a secured life with all the human rights
guaranteed without any restrictions or discriminations.

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 CHAPTER - 1
INTRODUCTION
Women have been an integral part of man since the time immemorial in
every part of the world. She has contributed to the society and the family
to great extent. She plays manifold roles in the society as a daughter,
mother, sister and a wife. She is considered to be the foundation of the
family in particular and the society in general. Progress of a country can
be easily assessed on the basis of the status and the freedom a woman
enjoys in the society. Women are human beings and they also should have
the same opportunity asto right to enjoy the life and attain development as
men. But it has been the practice or tendency of man to use women as an
object of amusement and pleasure. As the practice of child marriage was
in existence women were deprived of the opportunity to lead a life of
studentship and also the higher education, this was the main cause for
women being treated as slaves or person with no rights. The position of
widow was worst as the custom of sati (self-immolation)of the wife on her
husband’s funeral pyre became very prominent as the male dominant
society believed that the widow should follow the departed soul by dying
after him1. There is wrong perception especially in third world countries
that women are born to be subservient to men and at no point of time they
can raise a voice against the atrocities inflicted to them. Today number of
International Conventions and National laws has come into force to protect
the vulnerable sections of society especially women but there is no
tremendous changes found in the status of women.

1. H.N.Ranga Swami, Valmiki Ramayana,II,29.7, (Bharat Darshan Press, Bangalore, 1987)

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Women have been subjected to all sorts of exploitations like assaults,
molestation, trafficked for domestic servitude, organ transplantation,
beggary, and prostitution, bonded labour, forced labour among these
trafficking has been considered as serious challenge across the world.The
criminal act of trafficking women which was in vogue from long time has
recently become a global concern as the number of women trafficked is
growing at an alarming rate and every country has beenaffected as origin,
transit or destination place for trafficking activities. Need of the hour is to
identify the traffickers, the criminalnetwork to be traced and the lacunae in
the legislations or the law enforcement authorities and other causes
contributing to failure of the efforts to curb this menace has to ascertain
and steps to be takento plug in the loopholes. The costs to human capital
are probably impossible to quantify. The problem of trafficking cuts across
a range of development issues, from poverty to social inclusion, to justice
and rule of law issues, and thus has relevance for practitionersthroughout the
development community.

1.1 Meaning of human trafficking

Trafficking-“Illicit and clandestine movement of persons acrossnational
borders, largely from the developing countries and some countries with
economies in transition, with the end goal of forcing women and girl
children into sexually or economically oppressive and exploitative
situations for profit of recruiters, traffickers and crime syndicates, as well
as other illegal activities related to trafficking, such as forced domestic
labour, false marriages, clandestine employment and false adoption….”
General meaning of

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trafficking denotes a trade activities in certain things which is prohibited
is traded, for instance arms trafficking, drug trafficking and human
trafficking. The terms ‘trafficking’ and ‘prostitution is usually used as
synonyms but they are not.
Human Trafficking- Human being are trafficked for many purposes like
domestic servitude, organ transplantation, beggary, prostitution, false
promise of marriage, job opportunities etc. in this women voluntarily give
consent to the false offer made by the traffickers unknown about the evil
consequences. Women are treated as commodity and they are bought and
sold without their consent this leads to dehumanization of womanhood as
destiny is decided by thetraffickers.

1.2 Prostitution-
as trafficked victim, only when her consent was obtained by fraud, undue
influence or threat she can be considered as victim of human trafficking.2

1.3 Definition of human trafficking

It is considered as an organized criminal activity in which human being
are treated as possessions to be subjected to exploitation. Human
trafficking is considered as illegal practice where human beings are
procured or traded for the purpose of prostitution, forced labour, or other
forms of exploitation. Human trafficking is a crime against humanity as it
involves an act of criminal practice of exploiting human beings by
physically and mentally by trading them in the market for a price as a
commodity.

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1.4 Elements of Human Trafficking
Human trafficking involves certain elements in the commission of
offence. They are:
a. There must be an act which includes recruitment, transportation,
transfer, harboring or receipt of the persons (victims)
b. The means adapted to accomplice the task may be threat or use of force,
coercion, abduction, fraud, deception, abuse of power or vulnerability
or giving payments or benefits to a person in control ofthe victims.
c. The purpose or the forms of exploitation includes forced labour,
bonded labour, domestic servitude, prostitution, slavery, or organ
transplantation When above specified elements are present in an act
then it can be concluded human trafficking offence has been committed
and victims human rights has been infringed3.

1.5 Macro level factors enabling trafficking

Factors contributing to the increase in the magnitude of trafficking are
illiteracy, unemployment, poverty, desire for luxurious life, crisis in
family situation,

2. K.K.Mukherjee, Flesh Trade A Report, (The Gram NiyojanKendra, UP, 1989), at 6

3. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, 2000 domestic violence, gender inequality, and economic uncertainty, conflicts and natural
disaster. High rate of smuggling and humantrafficking is also due to high labour cost which has
created a demand for cheap labour.

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1.6 Impact of human trafficking
a) Social Impacts-
The women survivor of trafficking are not easily accepted by the
society. Many women who are unable to share their suffering or
exploitation and with no means or source of income to lead a life may
be compelled to voluntarily accept to be trafficked.

b) Economic Impacts-
Human trafficking is a secret act which generates huge profits to the
traffickers but these amounts are unaccounted and escape the tax
liability. This result in huge amounts of income remains hidden and it
does not freely circulate for productive purposes. At the same timethe
expenses incurred by the government in the rescue operation of
trafficking victims adds to the burden of limited government
resources.

c) Health Impacts-
Trafficked victims (women) undergo psychological trauma and
depression and in some cases they are most prone to get STD’s,
HIV/AIDs, and other diseases. In such cases it becomes difficult to
rehabilitate the HIV/AIDs survivors of trafficking as they cannot be
completely cured.

d) Custom Impact-
Our society even in the 21st century is bound by various customs in
the name of values and cannot easily accept the survivors (women) of
human trafficking. Society always expects a girl to be virgin and a

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 woman to be sincere and honest to her husbandin her body and soul.
This expectation is not permitted from men thismental attitude or mind
set of society has to change. The possibility women or girls being
victims of trafficking have to be taken into consideration before
branding the survivors as offenders or violatorsof our rigid customary
practices.

e) Human rights and Women's rights

Human rights are considered as inherent, inseparable and inalienable
rights. It is also called as fundamental rights which are necessary for
survival or essential for life. Human Rights have become significant
because there is increase in abuse than enjoyment. Women do not
enjoy the same status in the society as that of men. There is need for
enhancing women’s status and providing her with the equal rights on
the basis of rights enjoyed by men. Empowerment of women is need
of the hour as they are subjected to exploitation and subjugation.
Trafficking has become an emotive issue about which much has
written passionately rather than objectively because it touches the core
of our beliefs about morality, justice, gender and human rights. There
is not only significant rise in trafficking but also increase in its
magnitude. The literature on trafficking carries conflicting layers of
understanding with trafficking equated with prostitution and
migration. It must be the priority area of the academia, legalists and
the civil society. Human rights are the lifeline of any democratic
society. It can never be loose talk. Whatis of urgent importance is that
there should be equal emphasis on interpretation and change rather
than latter taking over former.

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1.7 Vedic Age
The society that emerged during the composition of Sanskrit texts iscalled
as Vedic Age or Vedic Period, this Vedic civilization prevailed during 1500
B.C to 500 B.C. Patriarchal family system wasfollowed during this period,
birth of son was preferred to girls4. Women were always under control and
supervision of men throughout their life. As child father’s control, as a wife
husband’s and as widow son’s control5. Women were not sent to gurukula
for education but they were given sufficient instructions as to rituals,
scriptures namely puranas and smritis by their parents and priests imparted
knowledge at their place of residence, girls on their marriage the custody is
transferred from father to her husband. It wasimpressed order that a woman
she has to be subservient to him and without him she simply could not
survive6. Widows either took to self-immolation after their husband’s
death in the war fearing they may be forced to become slaves in the hands
of the winner in the battle7. Manu the earliest exponent of law, stated a
wife, a son, and a slave shall have no right to own or possess any property
and even if they possess it belongs to whom they belong. The violation of
human rights has been in existence from Vedic period. It is said that
trafficking in women was mainly for the purpose of flesh trade in Vedic
period. They are considered to be two sides of same coin which are
inseparable. Therefore trafficking and flesh trade had become integral part
of Indian Civilization8. During Epic Age Women were considered as a
commodity which can be traded in the market for a suitable price. Men had
the right to put a women on bet, can be given as prize or reward to the
victor and also she was subjected to humiliation in the public and women
had no right to revolt9. Yudhistra placing his wife Drupadi as the subject
matter of bet for gambling and in turn losing in the game, this instance of

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Mahabharata shows values of woman was that of a non-living things which
can be transacted as per the master’s wishes. The practice of swayamvara
where the winner in the competition conducted by the bride’s father(King)
example in Ramayana where Rama breaks bow of Lord Shiva to marry Sita
and also in Mahabharata Arjuna marries Drupadi after winning the
competition by shooting the revolving fish seeing only the image in water
are some of the instances which shows women had no right to choose their
life partner but the father selects the bridegroom by conducting the test.
Consent of girls in marriage became insignificant.

Chastity and modesty of women was insisted upon and that was not
common to menfolk, during this period. Men could suspect fidelity and
righteousness of women without properly analyzing the pros and cons of
women‘s sincerity in daily life. A case in point would be noticed in
Ramayana when Rama after killing Ravana the abductor of his wife Sita
suspected her chastity. Rama refused to accept Sita as his wife, on the
ground that she was in the custody of Ravana for long. In this case,
according to Ramayana the modesty of Sita like women was outraged and
she had to restore to fire ordeal. She had no right to revolt against the
decision of Rama but to accept the injustice as order of the king10.

4. https://www.culturalindia.net/indian-history/ancient- india/vedic
civilization.html%20%20visited%20on%201-1-
5. R.M.Das, Women in Manu and his seven commentaries (Kanchan Publications, , Varanasi,1961,
Manu, IX,3)
6. Supra Note1
7. R.P.Dutt, The Economic History of India ( ed, 7th London, 1950,)
8. S.D.Punekar and Kanta Rao, A Study of Prostitution in Bombay, (Allied Publishers Private Ltd,
Bombay,1962), at 1

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During the Age of Mauryas the status of women in this age has been
described by a scholar teacher called Kautilya in his wellknown Sanskrit
treatise on economics andgovernment in Arthashastra. This was written
between 300 B.C and500 B.C. In his work he mentions that women were
considered as prostitutes if they were born as prostitute’s daughter, or they
were purchased, or they were captured in war, or they were women who
had been punished for adultery11. Collection of taxes from the prostitutes
shows that the state was concerned only with the modes of accrual of
revenue to the treasury rather than protecting the interest of vulnerable
section of society. All these instances mentioned in the Arthashastra
highlights that women were slaves or puppets in the hands of men, who
were subjected to exploitation andhuman rights violations right from birth
to death. A study of epigraphic records shows that by the ninth-centuries
the evil practice of dedicating girls to the temple called as devadasi had
become deep rooted and it was found practiced in different parts of the
country with different names.

The Tejpur copper plate inscription dated back to ninth centuryrecords

the dedication of the dancing girls to a Shiva temple12.
During Medieval Period the Custom of dedicating the first child (girl)to the
temple to fulfill the vow taken by the childless couples was one of the
main causes for increasing in the dedication of girls as devadasis.

9. Sri.K.M.K.Murthy, Mahabharata Saram, The Cultural Heritage of India, (Sri. Ramakrishna Mutt,
Chennai, 2002), at 364
10. H.N.Ranga Swami, Valmiki Ramayana“Yuddha Canta”, Sarga 115, Sloka 1-2 (Bharat Darshan
Press, Bangalore, 1987), at 2537
11. N.Rangarajan Kautilya, Arthashastra Book II, Chapter 27,X. 1.3 “Superintendent of Prostitutes”
(Ganic Adyaksha),( Published by Penguin Books, India 1992)

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Dedication was voluntary when girls were dedicated to the temple out of
religious motives and spiritual feelings. But in most of the dedication it was
involuntary as it was done in order toovercome economic situations
and domestic problems. But unfortunately the innocent girls got
trapped into the clutches of merciless men who exploited them in all
possible forms and treated them as slaves. King Shivaji completely
restricted female slaves or dancing girls from accompanying his army on
active services. If any soldiers werefound violating this order were liable
for a severe punishment in thenature of the violators head was beheaded.13

During British rule it is reported that when the Portuguese, French

and English traders invaded India, the magnitude of exploitation of
women increased. Women were mainly exploited for prostitution inthe sea
ports of Bombay, Calcutta, Cochin and Madras. Some foreigntraders had
kept Indian women belonging to lower caste as their concubines. In 1770,
in Bengal there was severe famine and more than one third of the
population died. This resulted in the survivors to sell their children. It is
reported that the first generation of sex workers in the market economy of
colonial Bengal was composed ofrural self-employed women fallen on evil
days, victims of seduction and abduction, widows and daughters from
Kulin Brahmin families,female slaves seeking escape from captivity and
the girls sold off bytheir families stricken parents.14 The other offences
like trafficking for sale of organs, surrogacy has developed recently.
Trafficking of women always does not result in exploitation in the form of
prostitution. It is one of the kinds of exploitation women are forced into
by the traffickers for their financial gain.

12. B.N.Sharma, ‘Social and Cultural History of Northern India’ (c100-1200, New Delhi) at 75
13. S.K.Ghosh, “Women in a Changing Society”, ( ed,1st Ashish Publishing House, New Delhi,
1984),@141
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1.8 Post Independence Period

India ratified International Convention for the Suppression of Immoral

Traffic in Persons and the exploitation of others in 1950 and the provisions
of the Convention is incorporated in The Suppression of the Immoral
Traffic Act, 1956 (SITA) this Act was amended and renamed as Immoral
Traffic (Prevention) Act, 1986 (ITPA). Our Constitution upholds
principles of humanism, social, and economic justice, equality before law
and equal opportunity to all, Article 21 guarantees right to life which has
been interpreted bythe Supreme Court in Cases relating to protection of
women’s rights and Article 23 prohibits all forms of trafficking and
Supreme Court has given directions to the law enforcement authorities that
trafficked women to be treated as victims and not as a criminals. In spite
of all these measures taken the offences relating to trafficking is seen
growing in an alarming rate.

1.9 Position of Women during Vedic Age

Women were always under control and supervision of men throughout

their life. As child father’s control, as a wife husband’s and as widow son’s
control. The violation of human rights has been in existence from Vedic
period. It is said that trafficking in women was mainly for the purpose of
flesh trade in Vedic period. They are considered to be two sides of same
coin which are inseparable. Therefore trafficking and flesh trade had
become integral part of Indian Civilization. During 6th century in most of
Puranas written makes reference to presence of dancing girls dedicated to
the temples

14. Moni Nag “Sex Workers of India-Diversity in Practice of Prostitution and Ways of Life” (Allied
Publishers Pvt. Ltd, New Delhi,2007), @25

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and this is proof for existence of women been exploited in the name of god.

Women were always under control and supervision of men throughout

their life. As child father’s control, as a wife husband’s and as widow son’s
control. The violation of human rights has been in existence from Vedic
period.

It is said that trafficking in women was mainly for the purpose of flesh
trade in Vedic period. They are considered to be two sides of same coin
which are inseparable. Therefore trafficking and flesh trade had become
integral part of Indian Civilization. 1 During 6th century in most of Puranas
written makes reference to presence of dancing girls dedicated to the
temples and this is proof for existenceof women been exploited in the name
of god.15

1.10 Position of Women during Epic Age

Two epics written during this period shows the pathetic conditions of
women and the suffering undergone by women. A woman was given as
prize to winner of the battle or competition or betting. Her position in
society was that of a commodity which can be bought andsold and subject
matter of bet.16 There is reference s about dancinggirls and prostitutes of
loose morals in the country of Ramayana, which testifies that women in
those days might have been traded as pleasure giving commodities with
the exception of few.

15. www.flickr.com/photos/kd_saurav/3236194520 vis

16. Sri.K.M.K.Murthy, Mahabharata Saram, The Cultural

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There is reference in Ramayana that women were considered as
commodity and subject of pleasure and there was practice of dedicating
girls to temple with few exceptions.17

Men had the right to suspect the fidelity and righteousness of women
without properly analyzing the actual truth. Women were expected to be
chaste and modest and that was not applicable to men.This could be clearly
proved through instances in Ramayana Sita after being rescued by Rama
after killing Ravana suspected Sita’s chastity. She had to restore to fire
ordeal to prove her chastity. She was again sent to exile as the subjects of
kingdom suspected her chastity.18

Rama in order to please his subject had sent his wife to forest this instant
clearly shows that even in our ancient literature shows women had no
equality before men nor had right to oppose when injustice is inflicted to
her.

Valmiki Ramayana though it is considered as popular epic in the Hindu

scriptures it is sad to note that women are depicted as subordinate to men
and had no right to raise her voice against the men even though she was
constantly subjected to humiliation and violation of her human rights. This
epic has been considered as sacred and women are expected to consider
Sita as role model in their life. It is a pity, why Sita and other Godesses did

23 | P a g e
not oppose such act of Rama. This pitiable condition continues and it is
acceptedeven today without any valid reason.

In Mahabharata the sufferings of Kunti, Draupadi and Gandhari the female

characters shows that women belonging to royal family was also not in
better position to that of women of lower strata. These women were
compelled by circumstances to sacrifice their interest for the sake of
kingdom and men folk. There are number of references in Mahabharata
were women were sent as wedding dowryalong with the bride, women were
treated as slaves with no right to seek for any relief or any remedy.

In the epic Mahabharata position of women have been depicted as

commodities with no right to exercise fundamental rights, King Virata to
celebrate his success in the battle had directed “public women” to entertain
the men who had assembled to celebrate the victory. There is also reference
of many kings who had send womenas gifts to entertain the men assembled
to participate in the Ashwamedha ceremony(horse sacrifice) performed by
King Yudisthira.19 Brahmins who performed shradha (funeral) were given
thousands of pretty maids as gifts as consideration for their work.20It is
reported that maids gifted only

18. “Yudha Canta”, Sarga 115, Sloka 1-2 @ 2537

19. Mahabharata ,XIV,80.32
20. Ibid
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few were able to find husbands and most of them became sex workers they
were liable to pay taxes regularly at fixed rate to the state.10 There is also
reference as to some of sex workers were appointed by the state to work as
state spies.

Vishnu Samhita there is mention of trafficking of women which state that

it was an unpardonable sin to entice a girl away from her parents and
subject her to sexual exploitation (prostitution) and those who murders a
pimp or procurer is exempt from any penance or punishment, there was
also restriction imposed on people from taking food cooked by sex
workers.21

(i) Arthashastra by Kautilya

Arthashastra , a well –known Sanskrit literature which comprises of

treatises of economic and government of that era. It is said this bookwas
written between 300 BC and 500 BC by Kautilya, a scholar- teacher who
had played vital role in Maurya King Chandragupta to ascend the throne.
In this literary work there is mention of women who were considered or
grouped in the category of prostitutes, when women were purchased by
men, punished for adultery, daughter of prostitute, or if women were
captured in war. There references showsthat during this era women had not
enjoyed any rights and they wereconsidered as chattels, even though they
were not guilty of any crime they were subjected to humiliation and
exploitation.22

21. Moni Nag, “Sex Workers of India-Diversity in Practice of Prostitution and ways of life” (Allied
Publishers Pvt. Ltd. New Delhi,2007)@, 15
22. Kautilya , Arthashastra, Book II Chapter XXVII , “Superintendent of Prostitutes “
(Ganikadyaksha),(Penguin Books India,1992)

25 | P a g e
(ii) Age of Mauryas

The reference made by Kautilya shows that a girl born to a prostituteis also
blacklisted as prostitute for no fault of hers even though she has not
committed any unlawful act , women purchased is also considered as
prostitutes this clearly shows who are commodities who can be bought and
sold in the market as per the prevailing market value on the basis of beauty
and her age women captured in war are vulnerable to various kinds of
exploitation who are in needof protection and care but they were treated
as slaves and forced to entertain the men folks in the kingdom of
successor of war. Fromancient time women were under the control and
protection of menthey had no right to participate in any decision making
but they werepunished for the offence of adultery even though the men
were thereal culprit. Collection of taxes from the prostitutes shows that
thestate was concerned only with the modes of accrual of revenue to the
treasury rather than protecting the interest of vulnerable section ofsociety
.All these instances mentioned in the Arthashastra highlightsthat women
were slaves or puppets in the hands of men, who were subjected to
exploitation and human rights violations right from birthto death.

A study of epigraphic records shows that by the ninth-centuries the evil

practice of dedicating girls to the temple called as devadasi had become
deep rooted and it was found practiced in different parts of the country with
different names .The Tejpur copper plate inscription dated back to ninth
century records the dedication of the dancing girls to a Shiva temple.

26 | P a g e
1.11 Position of women during British Rule

It is reported that when the Portuguese, French and English traders invaded
India the magnitude of exploitation of women increased. Women were
mainly exploited for prostitution in the sea ports of Bombay, Calcutta,
Cochin and Madras. Some foreign traders had kept Indian women
belonging to lower caste as their concubines. During the British rule, the
unmarried British men or those who haveleft their family in their country
exploited the poor women.23 In 1770, in Bengal there was severe famine
and more than one third of the population died. This resulted in the
survivors to sell their children. It is reported that the first generation of sex
workers in themarket economy of colonial Bengal was composed of rural
self- employed women fallen on evil days, victims of seduction and their
families stricken parents.24 Women have being subjected to violations of
their human rights. Injustice has being inflicted to women in the name of
God. Blind beliefs are the main reason whichhas resulted in emotionally
compelling the people to follow such kind of evil practice. This practice
has been exclusively followed bycertain section of the society.

In 1907 to abolish this illegal trading of women East Bengal and Assam
Disorderly Houses Act was passed which declared that keeping brothels
as illegal and provided for prosecution of the brothel keepers with the
sanction of District Magistrate. This Act was applicable only to certain
areas in East Bengal and Assam.

23. S.K.Ghosh, “Women in a Changing Society”,(ed,1st Ashish Publishing House, New Delhi, 1984),
@141)

27 | P a g e
LaterThe Bombay Prevention of Prostitution Act, 1923 was passed, and
also in Calcutta in 1923 Professor S.C.Mukerjee introduced a bill in the
Bengal Legislative Council called as the Calcutta Suppression ofImmoral
Traffic Bill, this bill had insisted for better provisions for suppression of
brothels, trafficking of women, solicitation and for similar purpose. The
main objectives of this Bill were to gradually suppress the brothels and
immoral traffic.

This Bill also gave suggestions:

(i) Penalties for seduction to be increased

(ii) Law enforcement authorities to be given more power to take the

minor girls in the brothel into their custody

(iii) Existing Law which confers powers to the police to be amended and
conferred with the power to seal the brothel place.

(iv) To provide the Commissioner of police with the power to exclude

the procurers, pimps, managers of brothels from his jurisdiction This
1923 Act is considered to be first in nature which had created a
public awareness as to necessity to rescue minor girls from the
brothels and provide them with secured shelter homes. This Act also
provided for rescue of girls below sixteen years and to be produced
before thejuvenile court and as per the court order placed in suitable
custody.

24. Moni Nag “Sex Workers of India-Diversity in Practice of Prostitution and Ways of Life” (Allied
Publishers Pvt. Ltd, New Delhi,2007), @25

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1.12 Magnitude of the Human Trafficking

Human trafficking has become global concern as everycountry has been

affected by this menace either as country of origin, transit or destination.
Human Trafficking affects every country around the world, regardless of
socio-economic status, history, or political structure. Human traffickers
have created an international market for the trade in human being based on
the high profits and demand for commercial sex and cheap labor.
Trafficking has affected 161 countries worldwide. Human trafficking can
be for the trade in humans, most commonly for the purpose of sexual
slavery, forced labour or for the extraction of organs or tissues, including
surrogacy and ova removal. It is a very risky job but the traffickers have
established such a strong network throughout the world that the global
police are finding it very difficult to curb these activities.Human trafficking
is driven by demand and supply, if there is a demand for forced sexual
services or forced labour, traffickers use all means to meet those demands
by targeting vulnerable people who are unaware of the harm and false
representation under which they are recruited.

1.13 Major causes for trafficking in women

a. Poverty

Poverty plays a major role in driving the poor people into the trap laid by
the traffickers. Both men and women migrate to other parts of the
State/country with a hope of leading a better life. In this process girls and
women are vulnerable to trafficking who is treated as commodities in this
crime

29 | P a g e
b. Migration

People with an ambition to earn more money in other parts of their State /
country or abroad invest their hard earned money or borrow money at high
interest rate withthe hope of repayment after they get the desired job. With
this hope they migrate to other country but only after they reach the
promised destination of job they realize that they are trafficked by the
agents or the moneylender who willingly lent the amount to the victim.
Victim’s passport and all other documents are taken away by the
traffickers, which prevents themfrom escaping from the clutches of the
traffickers.

c. Organ trafficking

In India around 200,000 people need a kidney every year, but only around
3 % of the demand is met this is the main cause for the traffickers to
illegally remove theorgans of the trafficked victims to make huge profit
without much pain and investment.‘Transplant tourism’ has become a
flourishing business as there is growing demand for organs on the local,
regional and international levels. This has resulted in exploitation of the
poor and weaker section of society and violation of their basic human rights
mainly the right to life and rightto health

d. Forced Labour

Workers are forced to work for long duration for lesser wages by the
employer. Some are kept in captive as bonded labourers. Due to high rates
of unemployment, illiteracy and poverty these vulnerable sections of

30 | P a g e
society do not revolt in spite of being aware that they have been exploited
by their employers. The employers take advantage of this situation and
continue exploitingthe poor people.

e. Involuntary Domestic Servitude

A unique form of forced labour is that of involuntary domestic workers,

whose workplace is informal, connected to their off-duty living quarters
and often shared with other workers. Such an environment isconducive to
exploitation since authorities cannot inspect private property as easily as
they can inspect formal workplaces.

As there is lot of demand for domestic servants abroad and the wages
offered by the placement agencies are attractive the vulnerable sections of
society easily fall prey into the clutches of the traffickers. Refugee women.
Women who have fled their country during armed conflict and taken
shelter in the refugee camps are vulnerable to exploitation from the
person’s in charge ofrefugee camps and also the militia. Same threat exists
to women when they are internally displaced either on account of internal
strife or due to development projects in their area.

With this hope they migrate to other country but only after they reach the
promised destination of job they realize that they are trafficked by the
agents or the moneylender who willingly lent the amount to the victim.
Victim’s passport and all other documents are taken away by the
traffickers, which prevents them fromescaping from the clutches of the
traffickers.It is a very risky job but the traffickers have established such a
police are finding it very difficult to curb these activities.

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 CHAPTER 2

INTERNATIONAL HUMAN TRAFFICKING

2.1 International Law and Trafficking in Womenand Children

Labour law, human rights law and criminal law all contain standards
relevant to forced labour. This chapter summarizes the most important
instruments: the ILO (International Labour organization) forced labour
conventions; the UN slavery conventions; the UN Trafficking Protocol;
and the statutes of the ICTY and the International Criminal Court (ICC).

The Forced Labour Convention, 1930 (No. 29), and the Slavery
Convention, 1926, were drafted in the same time period and should be read
in tandem for understanding how the related concepts of slavery and forced
labour were viewed. Later instruments, particularly the International
Covenant on Civil and Political Rights (ICCPR), 1966, and the European
Convention on Human Rights, 1950, modelled their prohibitions on forced
labour and slavery on these earlier definitions.1 The European Court of
Human Rights, acknowledging the reliance of the European Convention's
drafters on the ILO Forced Labour Convention, has used the ILO
instrument as a guide.2 Similarly, the Human Rights Committee, the treaty
body that monitors implementation of the ICCPR, has noted that ILO
definitions are relevant in elucidating the meaning of the terms forced and
compulsory labour.3

1. Sarah H. Cleveland, “Book Review: Global Labour Rights and the Alien Tort Claims Act”, in Texas
Law Review, Vol. 76, May 1998, pp. 1533, 1573; see also Marc 1. Bossuyt, Guide to the travaux
préparatoires of the International Covenant on Civil and Political Rights(Martinius Nijhoff 1987), p.
169; Manfred Nowak, U.N. Covenant on Civil and Political Rights, CCPR
Commentary (Kehl Strasbourg 1993), p. 144.

32 | P a g e
In the field of criminal law, both the UN Trafficking Protocol and the ICTY
and ICC Statutes offer expansive definitions of, respectively, ‘trafficking’
and ‘enslavement’ that include forced labour. These international
instruments are not at all mutually exclusive. A given case of labour
exploitation might well fall within the definition of each one, and it would
be a mistake to assume that a particular act or pattern of conduct could give
rise to only one kind of violation. From the ILO point of view that the
definition of forced labour is sufficiently broad to encompass most forms
of slavery, with the possible exception of a form of slavery consisting of
ownership in which the slave is not under any obligation to perform work
or services. Similarly, the definition of forced labour covers most forms of
trafficking, including sexual exploitation (since it is a form of labour), but
wouldprobably not extend to forced organ donation. Because the
concept of forced labour includes these related concepts, ILO supervisory
mechanisms have examined a variety of practices relevant to forced labour.

2.2 The ILO Forced Labour Conventions and ILO Views

Forced Labour Convention, 1930 (No. 29) This convention defines forced
labour, requires states to criminalize it and contains a list of exceptions.
Article 2, para. 1 defines the term ‘forced or compulsory labour’ as: “all
work or service which is exacted from any person under the menace of any
penalty, and for which the said person has not offered himself voluntarily.”
Article 2, para. 2 provides exceptions for work that is required by:

2. Van der Mussele v. Belgium, Application no. 8919/80, at para. 32 possible period" (Art. 1, para. 1).
During a transitional period, recourse to forced labour could be had “for public purposes only and
as an exceptional measure” (Article 1, para. 2). Since 1998,

33 | P a g e
(1) compulsory military service, provided it is of a purely military

character;

(2) normal civic obligations;

(3) a conviction in a court of law;

(4) cases of emergency; and

(5) minor communal services performed by members of a community and

in the direct interest of the community.

The “imposition of forced or compulsory labour for the benefit of private

individuals, companies or associations” was prohibited immediately the
Committee of Experts has held that this transitional period can no longer
be invoked to justify forced labour practices 4

In its 2007 General Survey concerning the Forced Labour Convention, the
Committee observed that the transitional period expired long ago and that
“consideration should be given to the adoption of a protocol” that would
have the effect of revoking references to the transition period.

Article 25: Provision for the Punitive action against forced labour ‘The
illegal exaction of forced or compulsory labour shall be punishable as a
penal offence, and it shall be an obligation on any Member ratifying this
Convention to ensure that the penalties imposed by law are really adequate
and are strictly enforced.’

3. View of the Human Rights Commi//ee, CCPR/C/85/D/1036/2001 (Jurisprudence) at para. 7.5.

4. Individual Observation by the Committee of Experts on the Application of Conventions and

Recommendations concerning Convention No. 29, Forced Labour, Bangladesh, 86th Session,
Geneva, 1998

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(In this respect, the Committee observes that... each Member of the ILO...
undertakes to suppress the use of forced or compulsory labour in all its
forms within the shortest possible period. Since the Convention, adopted
in 1930, calls for the suppression of forced labour within the shortest
possible period, to invoke at the current time (67 years after its adoption)
that certain forms of forced or compulsory labour comply with one of the
requirements of this set of provisions, is to disregard the transitional
function of these provisions and contradict the spirit of the Convention.").
See Forced labour, General Survey by the Committee of Experts on the
Application of Conventions and Recommendations, ILC, 52nd Session,
Geneva,

2.3 INTERNATIONAL INSTRUMENTS

Abolition of Forced Labour Convention, 1957 (No. 105) This Convention

makes no change to the definition of forced labour provided in Convention
29.5 The Committee of Experts has explained that these two conventions
are complementary. “While Convention No. 105 is the more recent
instrument, it builds on the foundation laid down by Convention No. 29 to
prohibit forced or compulsory labour in specific instances. Convention No.
29, on the other hand, lays down a general prohibition on forced and
compulsory labour, admitting only a few exceptions.”6 Article 1 provides
that forced or compulsory labour shall not be used:

(a) as a means of political coercion or education, or as a punishment for

holding or expressing political views or views ideologically opposed to
the established political, social or economic system;

35 | P a g e
(b) as a method of mobilizing and using labour for purposes of economic
development;
(c) as a means of labour discipline;
(d) as a punishment for having participated in strikes;
(e) as a means of racial, social, national or religious discrimination.

Worst Forms of Child Labour Convention, 1999 (No. 182) Article 3 of this
Convention defines the ‘worst forms of child labour’ as:
(a) all forms of slavery or practices similar to slavery, such as the sale and
trafficking of children, debt bondage and serfdom and forced or
compulsory labour, including forced or compulsory recruitment of
children for use in armed conflict;
(b) the use, procuring or offering of a child for prostitution, for the
production of pornography or for pornographic performances;
(c) the use, procuring or offering of a child for illicit activities, in particular
for the production and trafficking of drugs as defined in the relevant
international treaties;
(d) work which, by its nature or the circumstances in which it is carried out,
is likely to harm the health, safety or morals of children. In this article
all the possible worst kinds of child labour by way of slavery, debt
bondage, serfdom, forced labour including the forced recruitment for
use in armed conflicts, child prostitution, pornography and its live
performance have been nicely covered to identify all the colours of
child trafficking for labour.

36 | P a g e
Article 7 provides that each member “shall take all necessary measures to
ensure the effective implementation and enforcement of the provisions
giving effect to this Convention including the provision and application of
penal sanctions or, as appropriate, other sanctions”.

International law is a powerful conduit for combating trafficking in women

and children. The most reputable and recent instruments of international
law that have set the course for how to define, prevent, and prosecute
human trafficking are the United Nations Convention against
Transnational Organized Crime and its two related protocols: the United
Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons,
Especially Women and Children, and the United Nations Protocol against
the Smuggling of Migrants by Land, Sea, and Air, which entered into force
in 2003- 2004.

The United Nations Office on Drugs and Crime (UNODC) created these
conventions, which have supported international law's ability to combat
trafficking in women and children. In support of enforcing these
instruments, the UNODC established the United Nations Global Initiative
to Fight Human Trafficking (UN.GIFT) in 2007. Instruments that have
dealt with human trafficking date back to the abolition of slavery.

5. 1968, para. 42 [hereafter: Forced labour, General Survey of 1968.]. See also Eradication of forced
labour, General Survey of 2007, at para. 11 (“Convention No. 105 does not constitute a revision of
Convention No. 29, but was designed to supplement it.”). 6 ILO, Report of the Committee of Experts
on the Application of Conventions and Recommendations, Report III (Part 1A) International Labour
Conference, 85th Session, Geneva, 1998, para. 105.

37 | P a g e
They include provisions within the Slavery Convention (1926) and the
Supplementary Convention on the Abolition of Slavery, the Slave Trade,
and Institutions and Practices Similar to Slavery (1956). Additional tools
of international law that include segments against the trafficking of persons
include: the Universal Declaration of Human Rights (1948), the
International Covenants on Civil and Political Rights (1966), The United
Nations Convention for the Suppression of the Traffic in Persons and of
the Exploitation of the Prostitution of Others (1949), and the Convention
on the Elimination of all Forms of Discrimination Against Women (1979).
These instruments laid the foundation for the contemporary conventions
and efforts to eliminate trafficking in women and children.

2.4 Compliance with International Law

One of the most problematic issues of eliminating trafficking is

compliance with international law. Measures for compliance with
international treaties include signature, ratification, and enforcement of
international agreements. Once a state signs and ratifies a treaty, it is
subject to monitoring by U.N. committees, which receive input from non-
governmental organizations (NGOs). Additionally, states are expected to
submit regular reports regarding their level of compliance with the treaty.
The United Nations Human Rights Council also issues mandates to
thematic working groups, special rapporteurs, and country rapporteurs,
which help to monitor compliance with or abuses of certain treaties.

38 | P a g e
There are 143 parties to the United Nations Convention against
Transnational Organized Crime, 119 parties to the United Nations Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, and

112 parties to the United Nations Protocol against the Smuggling of

Migrants by Land, Sea and Air. The Trafficking Protocol is unique from
other treaties because it was created as a law enforcement instrument,
which, in theory, gives it more influence than aspirational agreements.
Provisions within the Trafficking Protocol state that parties must: take
action to penalize trafficking, protect victims of trafficking, and grant
victims temporary or permanent residence in the countries of destination.
Therefore, if a state is a party to the Convention and its Protocols, it has an
obligation to create legislation that supports these provisions at the
domestic level.

One major distinction of the Trafficking Protocol is that it maintains that

persons do not have the right to choose to be trafficked, or for their children
to be trafficked. This distinction helps to clarify the line between
smuggling and trafficking. However, if the person was smuggled, then kept
as a forced labourer, the crime constitutes trafficking. Another aspect of
the Trafficking Protocol is that a person does not have to be directly forced
or threatened into being trafficked. If a person can prove that he or she had
no alternative means other than to comply, then it falls within the
provisions of Trafficking Protocol. These aspects of the Trafficking
Protocol allow for a broader definition of human trafficking, making
compliance more straightforward. The standards about how trafficking
victims should be treated are outlined in two comprehensive documents
that are drawn from various international law instruments: the “Human
39 | P a g e
Rights Standards for the Treatment of Trafficking Persons” and the
“Recommended Principles and Guidelines on Human Rights and Human
Trafficking.” These two documents were produced to ensure that
trafficked persons were treated as victims rather than as criminals. The
Special Rapporteur on trafficking in persons, especially in women and
children, is one intermediary that works towards ensuring that the victims'
rights are protected, and takes action against violations of these rights.
Numerous NGOs throughout the world also take on the complex task of
monitoring the violations of human rights with respect to trafficking in
women and children. Through the reports generated by these
organizations, the U.N. is able to more fully assess who is complying with
or in violation of international law.

2.5 Enforcement of International Law: The Regional Solution

Enforcement of international law in regards to human trafficking is most

effective and efficient when it is incorporated into regional and domestic
legislation. Regional and domestic instruments that have played a key role
in the prevention and elimination of human trafficking include7: the
United States Victims of Trafficking and Violence Protection Act (2000),

the Council of Europe Convention on Action against Trafficking in Human

Beings (2008), and the European Convention for the Protection of Human
Right and Fundamental Freedoms (1950). Regions throughout the world
are also making cooperative efforts to end trafficking.

6. 7 TOPICAL RESEARCH DIGEST: HUMAN RIGHTS AND HUMAN TRAFFICKING,

University Denver, USA, Pg 89

40 | P a g e
For example, in 2005, the Coordinated Mekong Ministerial Initiative
against Trafficking (COMMIT), a sub-regional group composed of China,
Laos, Thailand, Cambodia, Myanmar, and Vietnam, was established8. Its
purpose is to create policies for the anti- trafficking measures in the region,
allowing each state to create legislation that is in agreement with these
provisions.

The domestic and regional instruments are aimed to combat human

trafficking through provisions that are in line with the international
agreements against trafficking in women and children, while tailoring their
enforcement and monitoring methods to the needs of the region or state.

2.6 Enforcement of International Law: Obstacles

Anti-trafficking laws are problematic to enforce because victims of

trafficking are hesitant to identify traffickers for fear of repercussion.
Furthermore, trafficking is a crime that transcends borders, and therefore
jurisdictions. Applying international law to a person who resides in another
state is a costly and complex endeavour. Additionally, trafficking in
women and children usually violates several laws, and is not a one-time
event. Building a case against traffickers can take a great deal of time,
resources, and energy. In countries where resources are limited, these
complexities can hinder enforcement of anti-trafficking laws.

7. COMMIT (Coordinated Mekong Ministerial Initiative Against Trafficking) Report 2005. Pg 4

41 | P a g e
Another dilemma of enforcing anti-trafficking laws is the lack of training
of the local enforcement officers within the state. Even if the state has
implemented anti- trafficking laws, it is not likely that the border patrol
officers, federal agents, and local police officers are well-versed in
international or domestic laws in regards to human trafficking. Victims of
trafficking are often treated as criminals or illegal immigrants, and either
arrested or deported. Additionally, since trafficking victims are usually not
in their country of origin, there is often a language barrier between
enforcement officers and the victims, making information-gathering
problematic.

The vast resources needed to ensure that the officers are able to properly
enforce anti-trafficking laws are limited or unavailable in most states.
However, one of the goals of the UN.GIFT is to help build awareness of
the issue and provide technical assistance. The assistance would include:
draft legislation, manuals for various law enforcement agencies and
victims, and fact-sheets for raising awareness. States, such as the United
States, have already begun implementing awareness programs for law
enforcement officers. Additionally, NGOs throughout the world play a
crucial role in raising awareness about and monitoring trafficking in
women and children.

2.7 CAUSES OF TRAFFICKING IN ABROAD

The United Nations Global Initiative to Fight Human Trafficking

(UN.GIFT) was conceived in order to combine forces and coordinate the
global fight on human trafficking on the basis of the Protocol to Prevent,
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Suppress and Punish Trafficking in Persons, especially Women and
Children, supplementing the United Nations Convention against
Transnational Organized Crime. Untill now more than 115 States have
ratified the Protocoll. UN.GIFT was launched in March 2007 by the United
Nations Office on Drugs and Crime (UNODC) with a grant made by the
United Arab Emirates. It is managed cooperatively by the
International Labour Organization (ILO), the International Organization
for Migration (IOM), the United Nations Children's Fund (UNICEF), the
United Nations High Commissioner for Human Rights
(UNHCHR) and the Organization for Security and Cooperation in Europe
(OSCE). UN.GIFT provides a frameworkfor, andaction by, all
stakeholders—governments, business, academia, civil society and the
media—so that they can support each other, work in partnership and create
effective tools to fight human trafficking.

The Global Initiative is based on a simple principle: human trafficking is

a crime of such magnitude and atrocity that it cannot be dealt with
successfully by any Government alone.

This global problem requires a global multi- stakeholder strategy that

builds on national efforts throughout the world.

To pave the way for this global strategy, it is important to coordinate efforts
already being made, increase knowledge, raise awareness and provide
technical assistance; promote effective rights-based responses;

1. 1 The Protocol to Prevent, Suppress and Punish Children came into force on 25th Dec 2003.

43 | P a g e
utilize available resources and build the capacity of State and non-State
stakeholders; foster partnerships for joint action; and, above all to ensure
everybody takes on responsibility for this fight. By encouraging and
facilitating cooperation and coordination, UN. GIFT aims to create
synergies among the anti- trafficking activities of United Nations agencies,
international organizations and other stakeholders in order to develop the
most efficient and cost- effective tools and best practices with which to
combat human trafficking.

UN.GIFT aims to mobilize State and non-State actors to eradicate

human trafficking by (a) reducing both the vulnerability of potential
victims and the demand for exploitation in all its forms; (b) ensuring
adequate protection and support to the targeted victim; and (c) supporting
the efficient prosecution of the criminals involved, while respecting the
fundamental human rights of all persons. In carrying out its mission,
UN.GIFT will focus on the goals mentioned above of increasing
knowledge and awareness of human trafficking;
promoting effective rights-based responses; building the capacity of State
and non-State actors; and fostering partnerships for joint action against the
trafficking in women and children.

However, increasingly, it is serving also as a source country for trafficking

to other countries in South Asia and the Middle East.

Showing an increase of 2.8 per cent over the crimes reported in 2004 (India, Ministry of Home Affairs,
National Crime Records Bureau, Crime in India. 2005 (New Delhi, 2006) (available at
http://ncrb.nic.in/crime2005/home.htm).

Krishna Prasad, Trafficking in Persons. Tip of the Iceberg (United Nations Development Fund for
Women, 2006), p. 65. 11 John Morrison and Beth Crosland, The Trafficking and Smuggling of Refugees.
the End Game in European Asylum Policy?, New Issues in Refugee Research

44 | P a g e
Main Causes of Trafficking

It is the largest profitability business in the today's illegal activity

worldwide. Motives- & Money or Profitability & Keeping and showing
power of one group and spreading network further & Doing other illegal
businesses such as Drugs, Weapon supply or Hiding places for such things
3‘ Hiding Criminals in such brothels or using such places as shelters for
other immoral activities & Money laundering

A) Nepal Nepal is a primary source country of trafficking in women and

children in South Asia, the mainly in India. Besides women and girls,
now-a-days the boys and men are also being trafficked to work forcibly
in factories, households and agriculture, and even for the purpose of
organ transplants.12 As time is progressing slowly we are coming
across trafficking of children is on increasing every year and they are
used in war between two nations, terrorist activities and also in sex
trade.

According to UNFPA, an estimated 12,000 Nepali women1* and

children are trafficked every year for sexual exploitation in Indian
brothels, and an unspecified number are victims of internal trafficking
for the purpose of sexual exploitation. Other estimates of women and
girls trafficked to India annually from Nepal range from 5,000 to
15,000.14

In the righteous opinion of the researcher observes that increasing

number of Nepali Women and children who are trafficked in India for

45 | P a g e
 sex trade is disturbing fact but the government machinery is least
bothered about this and no controlling steps on such activities seem to
have been taken. It is the need of time that the government must make
some policies in this regard and get it implemented strictly.

An assessment of trafficking in girls conducted in Nepal found that 38

per cent of rescued victims suffered from HIV/AIDS, as well as
sexually transmitted infections and tuberculosis.1’ It is the gut feeling
of the researcher for the obvious reasons that the trafficking of women
and children for sex trade will lead to Health hazards of the society who
need to deal with such women and children. If are not eradicated at the
earliest.

The Government of Nepal has identified 26 districts in Nepal as

trafficking prone areas from which women and girls have
disappeared16, of course trafficked.

12 Nepal, National Human Rights Commission, Office of National Rapporteur on Trafficking in

Women and Children, 2005 National Report.

13 Trafficking in Person Especially on Women and Children in Nepal (Lalitpur, Nepal, September
2006), p. 8. ’3 United Nations Population Fund, State of World Population 2006 .. ., p. 50.

14 Nepal, National Human Rights Commission, Office of National Rapporteur on Trafficking in

Women and Children, 2005 National

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2.8 Human Trafficking in the Middle East

The trafficking of persons is the fastest growing and most profitable

criminal activity after drug and arms trafficking. According to the United
Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children, human trafficking is defined as follows:
“Trafficking in persons shall mean the recruitment, transportation,
transfer, harboring or receipt of persons, by means of the threat or use of
force or other forms of coercion, of abduction, of fraud, of deception, of
the abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person having
control over another person, for the purpose of exploitation. Exploitation
shall include, at a minimum, the exploitation of the prostitution of others
or other forms of sexual exploitation, forced labor or services, slavery or
practices similar to slavery, servitude or the removal of organs.”

Types of trafficking in the Middle East

For the majority of the 1990s, human trafficking was incorrectly defined
as illegal migration, smuggling, or sex work. The UN Protocol to Prevent,
Suppress, and Punish Trafficking in Persons defines trafficking
comprehensively:

15 United States of America, Department of State, Trafficking in Persons Report , p. 11.

16 The districts are Nuwakot, Dhading, Sindhupalchok, Kailali, Kaverpalanchok, Makawanpur,

Gorkha, Banke, Sindhuli, Udayapur, Rasuwa, Nawalparasi, Jhapa, Ramechhap, Sarlahi, Mahottari,
Dhanusa, Chitawan, Lalitpur, Kaski, Morang, Sunsari, Rupandehi, Parsa, Kathmandu and Dang
(information from Padma Mathema, Nepal National Rapporteur on Trafficking in Women and
Children, e- mail communication dated 8 February 2007).

47 | P a g e
its focus is on coercion for the purpose of exploitation, and it precludes the
possibility of legal consent by the victims of traffickers. In the Middle East,
some of the most prevalent forms of human trafficking are forced labor of
migrant workers, sexual enslavement and forced prostitution and camel
jockeying of young boys.

(A)Forced Labour

Today slavery typically involves women and children being sold into
involuntary servitude by the means of violence and deprivation. There is a
clear lack of labor protection laws for domestic workers in the GCC (Gulf
Cooperation Council) countries.

The international community recognizes the trafficking of women and

children as a modern form of slavery. Many migrant people, mainly from
Asian states, are tricked into coming to the Middle East, where they find
themselves in a forced labor situation or working for very
low wages. Traffickers trap their victims by coercion, force, or
fraud. The forced labor of migrant workers is especially prevalent in the
oil-rich Gulf States of Kuwait, Oman, Qatar, and the United Arab
Emirates. The workers are frequently held to pay off the debt they have
accumulated from the costs of travel and housing. Trafficking from South
Asia to the Middle East is a serious problem, with about 200,000 persons
trafficked over 20 years,and 3,400 children over the last 10
years. The International Labor Organization estimates the
minimum number of persons in forced labor in the Middle East and
North Africa is around 230,00017. Currently, labor exploitation is the

48 | P a g e
largest issue related to human trafficking in the Middle East, but the issue
of sex trade has been growing in the last few decades.

(B) Sexual enslavement

Most commonly, but not exclusively, trafficking in women and children is

exploitation in the form of forced prostitution or sexual enslavement18.
State authorities have typically confused sex trafficking with prostitution.
Some young impoverished women are attracted to the sex industry because
it appears to offer quick and easy money. Traffickers often lure desperate
young women with the promise of a better paying job or higher education
into a destination country where their documentation and passports are
forcibly taken from them as soon as they arrive. These women often find
themselves in slave-like situations. Once trafficked into the sex industry,
traffickers control the women Trafficking of Persons, Especially Women
and Children, in Countries of the Middle East: The Scope of the Problem
and the Appropriate Legislative Responses. International Journal of Law
through physical and psychological means. One of the reasons
trafficking thrives in the Middle East is because prostitution thrives
there. Prostitution in the Middle East is strictly illegal, along with all sexual
activity outside of lawfulmarriage. The religious outlawing of
extramarital sex reinforces this trade and consequently further bolsters
the demand for prostitution. The issue is exacerbated by the lack of
legislative actions taken by states to control prostitution and trafficking1’.

17 Baldwin-Edwards, Martin. (2005). Migration in the Middle East and Mediterranean (19-22). Global
Commission on International Migration,

18 1’ Mattar, Mohamed Y. (2002-2003).

49 | P a g e
(C)Camel jockeying

Even though the most common forms of human trafficking are sexual
enslavement and forced labor, these are not the only cases. The type of
trafficking that is quite unique to the Middle East is the forced camel
jockeying of young boys.20 Camel racing is a particularly dangerous and
violent practice that young boys are forced into against their will. Boys
from Bangladesh, India and Pakistan are recruited around five years of age
to be camel jockeys in Middle Eastern countries such as Global
Commission on International Migration the United Arab Emirates. Their
parents normally sell them to agents who go around poor districts in these
countries and offer to take male children away to the UAE to work. These
agents tell parents that the children will earn large sums of money that will
be sent home to the families. The parents are typically deceived about the
conditions of work. They are led to believe that the children are going to
obtain good jobs and will have a better future than if they remain at home.
Usually the boys do not know who is taking them abroad or for what
purpose. Most of the boys are not aware they will become camel jockeys
against their will. When they arrive in the UAE, the children are transferréd
to azbas, which are camel training complexes in the desert. The children
are subject to several forms of abuse during their stay, including
punishments such as a lack of food and electric shocks. Lack of food is a
common practice because their owners try to maintain their weight at less
than 20 kg (44 lbs) for racing purposes.

19 "Doe, Stephanie (2008) "Misyar Marriage as Human Trafficking in Saudi Arabia," Global Tides:
Vol. 2, Article 1

20 Baldwin-Edwards, Martin. (2005). Migration in the Middle East and Mediterranean (19-22).

50 | P a g e
Deaths and injuries of children during racing is another major concern. If
children accidentally die during a race they are buried straight away to
avoid police investigations of the death.

The conditions in the azbas are very restricting. Children are not
allowed to leave the camel training complex. They sleep on cardboard
boxes, making them very prone to scorpion bites. The children rise at
4:00am to begin exercising the camels. Every day they take the camels for
rides until 11:00am. Then they are allowed to rest for two hours before
feeding and cleaning the camels. Then they exercise the camels again until
nightfall. The children are supposed to be paid for their work but that is
almost never the case. The agent usually takes the salary and keeps it
without allocating any to the child or his family. Running away is a virtual
impossibility for children deployed as camel jockeys since the azbas are
usually in remote desert locations. Usually children leave when they
become too old or heavy and are no longer considered suitable for camel
racing. Other children are sent home because they become seriously
injured from racing. Police or immigration rescues are virtually unknown
in the azbas.

(D)Foreign migration

One of the major forces driving trafficking in women and children in the
Middle East is the large influx of foreign migration. Research conducted
in 1996 on the routes of illegal migration, smuggling and trafficking
concluded that over the period 1992-97, the majority of illegal migrants to
Europe had originated from Iraq, China, Pakistan, India or Africa. The
International Organization for Migration (IOM) notes trafficking of

51 | P a g e
women from Ghana to Lebanon, Libya and EU countries, women for
domestic service from Central and West Africa to Saudi Arabia and
Kuwait, and even voluntary migrations of women from Ethiopia to the
Middle East, where working conditions are considered to be virtual
slavery21. The Middle East is a destination region for men and women
trafficked for the purpose of commercial and sexual exploitation. Wealthy

Gulf Arab men have been known to rent flats that are ‘furnished with
housemaids’ for anywhere from a few hours to a few months. Most of the
prostitutes and human trafficking victims tend to be from Ethiopia,
Nigeria, and Pakistan. Very few countries in the Middle East are devoid of
the commercial sex industry.

(E) Poverty

Of the many locations where trafficking in women and children is

prevalent in the Middle East, most are characterized by poverty. This
trafficking is a market fueled by principles of supply and demand.
Therefore, where there is poverty, there is a likely supply to meet the
growing demand for sexual entertainment. Economic vulnerability
increases the likelihood of women becoming sexual commodities for
wealthy Gulf Arabs. Although there are overwhelming social implications,
there also seem to be regional financial

2° Baldwin-Edwards, Martin. (2005). Migration in the Middle East and Mediterranean (19-22).

52 | P a g e
 Global Commission on International Migration,s patterns that
perpetuate this trend. Fewer work opportunities for women have led to
prostitution as an alternative. For example, in Egypt, women from lower-
class backgrounds see that a few nights in prostitution generates more
money than one month's work in the public sector. This makes Egypt a
popular location for international sex tourism. Despite sex tourism being
illegal, Egyptians find it hard to turn away Gulf hard currency due to their
crumbling economy. The proliferation of prostitution, sex tourism, and
misyar marriages can be understood as the consequence of uneven
economic development, further exacerbated by principles of supply and
demand. Gulf nationals have the will and the means to pursue sexual
entertainment, and poorer Muslim communities can supply services in
return for financial security22

(F) Misyar marriages

To avoid the repercussions of sex outside of marriage, Middle Eastern men

and women in certain countries engage in a common practice by the name
of "misyar marriage", also called Nikah Misyar. This type of marriage was
born for the sole purpose of physical pleasure. It can be defined as a
“temporary marriage,” or its literal translation, “traveling
marriage.” Misyar marriages do not require cohabitation of the husband
and wife, long- term commitment, welfare provisions to the wife, or the
intention of procreating, which are all the lements of a traditional
Islamic marriage. While misyar marriages do have a technical
contract, the duration of the marriage is not explicitly stated in the contract
but instead implied. Misyar marriages have been ommonly referred to as
“legal prostitution,” A marriage of this kind is not an option for a woman
53 | P a g e
who wants to be viewed as respectable because it compromises many of
her rights and basic values. Despite its controversial nature, misyar
marriages are both religiously and legally accepted as
valid marriages. According to Syed Ahmad, misyar
marriages are popular in Islamic countries because it legitimizes sexual
relations outside conventional marriages. Sheikh Yusuf Al- Qaradawi, a
leading authority and one of the few remaining figures of Islamic
scholarship, states that the misyar marriage is religiously legitimate. Al-
Qaradawi adds that “there is no doubt that such marriage may be somehow
socially unacceptable, but there is a big difference between what is
Islamically validand what is socially acceptable.” He is Vol. 2,
Article 1 indicating that as long as both parties accept the terms of the
marriage contract, they are legally married in the eyes of Allah. Misyar
marriages purportedly prevent unmarried youth and widows from fulfilling
their sexual desires outside of marriage, which would traditionally be
considered sinful. Misyar legitimizes these acts that would otherwise be
seen as unlawful. The Middle East is well known for its strict observation
of moral codes and sensitivity to the taboo subject of sex. In most societies
of the Middle East whereIslam is the dominant religion,
premarital and extramarital sex is considered fornication. In a few
countries, fornicators receive one hundred lashes of a whip with a crowd
of witnesses for sins such as premarital sex. Zina is the word in many
Middle Eastern countries for the concept of sexual misconduct by women,
which brings extreme shame to the accused female's family.

2* Doe, Stephanie (200g) "Misyar Marriage as Human Trafficking in Saudi Arabia," Global Tides:

54 | P a g e
Despite all of these repercussions for extramarital sex, media coverage and
human rights groups are revealing that prostitution is present and thriving
in the Middle East. Misyar marriages also tend to exploit the economic
vulnerability of women in poverty.

2.9 Trafficking in Women and Children and United Nations

In 1949, the first international protocol dealing with sex slavery was the
1949 UN Convention for the Suppression of the Traffic in Persons and
Exploitation of Prostitution of Others. This convention followed the
abolitionist idea of sex trafficking as incompatible with the dignity and
worth of the human person. Serving as a model for future legislation, the
1949 UN Convention was not ratified by every country, but came into
force in 1951. These early efforts led to the 2000 Convention against
Transnational Organized Crime, as mentioned above. These instruments
contain the elements of the current international law on trafficking in
humans.

The UN Office on Drugs and Crime (UNODC) has further assisted

many non-governmental organizations in their fight against human
trafficking. The 2006 armed conflict in Lebanon, which saw 300,000
domestic workers from Sri Lanka, Ethiopia and the Philippines jobless and
targets of traffickers, led to an emergency information campaign with
NGO Caritas Migrant to raise human-trafficking awareness23

The United Nations Global Initiative to Fight Human Trafficking

55 | P a g e
 (UN.GIFT) was conceived to promote the global fight on human
trafficking, on the basis of international agreements reached at the UN.
UN.GIFT was launched in March 2007 by UNODC with a grant made on
behalf of the United Arab Emitares24.

(A)US and the Trafficking Problem

During the time racism was a major issue in the US, Congress feared White
slavery. The result of this fear was the White Slave Traffic Act of 1910
(better known as the Mann Act), which criminalized interracial marriage
and banned single women from crossing state borders for morally wrong
acts. In 1914, of the women arrested for crossing state borders under this
act, 70% were charged with voluntary prostitution. Once the idea of a sex
slave shifted from a White woman to an enslaved woman from countries
in poverty, the US began passing immigration acts to curtail aliens from
entering the country among other reasons. Several acts such as
the Emergency Quota Act of 1921 and Immigration Act of 1924 were
passed to prevent emigrants from Europe and Asia from entering the

United States. Following the banning of immigrants

during the 1920s, human trafficking was not seen as a major issue until the
1990s. The Commercial Sex Act, the US makes it illegal to recruit, entice,
obtain, provide, move or harbor a person or to benefit from such activities
knowing that the person will be caused to engage in commercial sex acts
where the person is under 18 or where force, fraud or coercion exists.
Under the Bush Administration, fighting sex slavery worldwide and
domestically became a priority with an average of $100 million spent per
year, which substantially outnumbers the amount spent by other countries.

56 | P a g e
Before President Bush took office, Congress had passed the Victims of
Trafficking and Violence Protection Act of 2000 (TVPA). The TVPA
strengthened services to victims of violence, law enforcements ability to
reduce violence against women and children, and education against human
trafficking.

Also specified in the TVPA was a mandate to collect funds for the
treatment of sex trafficking victims that provided shelter, food, education,
and financial grants. Internationally, the TVPA set standards that
governments of other countries must follow in order to receive aid from
the U.S. to fight trafficking in Women and Children. The State Department
publishes an annual Trafficking in Persons Report, which examines the
progress that the U.S. and other countries have made in destroying human
trafficking businesses, arresting the kingpins, and rescuing the victims In
2007 the U.S. Senate designated January 11 as a National Day of Human
Trafficking Awareness in an effort to raise consciousness about this global,
national and local issue. In 2010, 2011, 2012 and 2013, President Barack
Obama proclaimed January as National Slavery and Human Trafficking
Prevention Month.

(B) Council of Europe

On 3 May 2005, the Committee of Ministers adopted the Council of

Europe Convention on Action against Trafficking in Human Beings
(CETS No. 197). The Convention was opened for signature in Warsaw on
16 May 2005 on the occasion of the 3rd Summit of Heads of State and
Government of the Council of Europe25. On 24 October 2007, the

57 | P a g e
Convention received its tenth ratification thereby triggering the process
whereby it entered into force on 1 February 2008.

The Convention now counts 39 ratifications by Council of Europe

member states, with an additional four member states having signed but
not yet ratified. The Convention established a Group of Experts on Action
against Trafficking in Human Beings (GRETA) which monitors the
implementation of the Convention through country reports. As of 1 March
2013, GRETA has published 17 country reports. Complementary
protection is ensured through the Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Abuse

(C)Bangladesh

Bangladesh is another source country for women and children being

trafficked for the purpose of sexual exploitation, involuntary domestic
servitude and debt bondage. Women and girls from rural areas are also
trafficked internally to urban centres in the country. The exact number of
women and children trafficked is unknown, but non-governmental
organizations estimate that several thousands of women and children are
victims of trafficking every year. According to one report26 of US
Government, in the decade leading up to 2002, 200,0005 women were
trafficked out of the country.

25 Brochure on “Council of Europe Convention on Trafficking in Human Beings”, Pg. 3 16 May 2005

58 | P a g e
Bangladesh has no laws on human trafficking in general, although there is
a law on trafficking in women and children that includes specific
provisions on children. The Women and Children Repression Prevention
Act 2000 contains separate sections on trafficking in women and children
(defined in a 2003 amendment as persons up to the age of 16). The section
6 (1) dealing with trafficking in children establishes that “any person (who)
brings in from abroad or sends out of the country or traffics or sends or
buys or sells any child for any immoral or illegal purpose or takes
possession of, keeps in his/her custody with the said purpose, s/he shall be
liable for the punishment of death sentence or rigorous imprisonment for
life and a cash fine in addition .*7

However, this provision does not contain a clear, comprehensive

definition of trafficking. The section criminalizes certain (but not all) acts
that constitute the offence of trafficking, but instead of linking the acts to
the purpose of exploitation, it links the offences to “immoral or illegal"
purposes. These purposes are not defined in the Act, nor are they defined
in combination with other laws. Also, the fact that children are defined as
persons under the age of 16 leaves children aged 16 and 17 — without
protection.

US Department of State, TraffiCking in Persons Report 2002 (Washington: 2002) and USA I D,
Bangladesh An ti - Tra flicking 13 March 2003.

2* Coomaraswary and Satkunanathan, op. cit., p. 61; Communication with UNICEF Country Office
Bangladesh, June 2008.

Also confirmed by the Government of Bangladesh at <www.unhchr.ch/html/menu2/6/Convention on

the Rights of the Child/doc/replies/wr-bangladesh-2.pdf>;

59 | P a g e
This Act has been brought into existence intended to provide more
effective prosecution of the perpetrators of violence against women and
children than existed previously. Section 20 sets out guidelines for the trial
process, and a 2003 amendment provides for triàls to be held in camera.28
Section 31 deals with safe custody and gives discretion to the tribunal (i.e.
the special tribunals across the country that were introduced as a provision
of the Act) to place a child in safe custody at any point during the trial
process. lt provides for alternative custodial care or ‘safe houses’ for
trafficked persons to protect them from potential harm or threats from
traffickers when they are giving evidence.2’ lt also enables the
establishment of special tribunals in every district to fast-track the
prosecution of offences. For example, section 14 provides that information
in cases involving child victims should be published without disclosing
their identities.

United Nations Committee on the Rights of the Child, Consideration of

Reports Submitted by States Parties under article 44 of the Convention,
Second. 47 It has been observed by the researcher that though there are
provisions in the W&CRP Act 2000 to establish special tribunals in every
district such tribunals are not seen.

30 Coomaraswary and Satkunanathan, op. cit., p. 62.

29 Bangladesh Counter Trafficking Thematic Group, The Counter Trafficking Framework Report:
Bangladesh perspective, Dhaka, 2004 p. 31, at www.chiIdtrafficking.com/Doc_§/banal counter
traff_themati2.pdf>.

30 3* Coomaraswary and Satkunanathan, op. cit., 2006, p. 62, at

<www.humantrafficking.org/uploads/publications/ilo 2006.pdf>. 3* According to the Coomaraswary
report it is 1933, not 1993. 3*

Selling a minor for the purposes of prostitution can carry a life sentence in prison. See Government of
Bangladesh, Suppression of Immoral Traffic Act of 1933 (Act No. vi of 1933), Sections 9-12, (1933);
note from <www.unicef.org/ china/P# KAPUR Ratna paper.pdf>; see also U.S. State Department (2008)

60 | P a g e
Although this Act has bestowed the Tribunal with a power to use the fine
collected from an offender as compensation to the victim, it does not make
compensation for victims mandatory; rather it leaves it to the discretion of
the court “if it considers it necessary. 31 In the righteous opinion of
researcher, the legislation should have given the absolute power with a
mandate to compulsorily use and utilise a major part of such fine amount
for giving the compensation to victims of trafficking and consequential
exploitations of various nature.

Trafficking in Persons, op. cit.; see also Protection Project Report,

Bangladesh, op. cit. The Suppression of Immoral Trafficking Act32 1933
is another instrument for dealing with trafficking, although it is rarely used.
This Act makes it illegal to bring women and girls into the country for the
purpose of prostitution and provides for stringent penalties for forcing
women and girls into prostitution.33 It mandates that no girl under 18 years
of age may be engaged in prostitution. Section 2 of the Prevention and
Control of Human Trafficking Ordinance, 2002 criminalizes human
trafficking, which is defined as “obtaining, securing, selling, purchasing,
recruiting, detaining, harbouring or receiving a person, notwithstanding his
implicit or explicit consent, by the use of coercion, kidnapping, abduction,
or by giving or receiving any payment or benefit, or sharing or receiving a
share for such person's

The Constitution of the People's Republic of Bangladesh (as modified

up to 17 May 2004), <www.pmo.gov.bd/ constitution/>. 3’
<www.law.yale.edu/rcw/rcw/jurisdictions/assc/b angladesh/ Bang Child_Act_and_RuIes.pdf>. For
commentary. Asian Development Bank: Regional Technical Assistance no. 5948, Combating
Trafficking of Women and Children in South /\S죔, 2002, p. 21, at
<www.adb.org/documents/events/2002/reta 5948/study_human_trafficking.pdf>; see also:
CoomaraSW6lry Ind Satkunanathan, op. cit., p. 64;

61 | P a g e
The rights of children are protected in the Constitution of Bangladesh.
Article 34 prohibits forced labour and article 28 (4) is unique in the country
in allowing the State to make “special provisions” in favour of children.34
The Children's Act of 1974 provides penalties for cruelty to children, the
use of children for begging, luring children into a brothel and other types
of exploitation.35 Other relevant legislations are the Penal Code, the Child
Marriage Restraint Act 1929, the Bangladesh Labour Code of 2006 and
the Extradition Act 1974.

(D)Pakistan

Article 11 of the Pakistan Constitution prohibits slavery, forced labour and

trafficking in human beings. subsequent transportation out of or into
Pakistan by any means whatsoever for any of the purposes mentioned in
section 3.”

The purposes listed in section 3 of the Ordinance are exploitative

entertainment, slavery, forced labour and adoption, and a comprehensive
focus establishes responsibility for such crimes. Section 2(f} of the
ordinance gives the legislative definition and meaning to the term
“exploitative entertainment” It means all activities in connection with
human sports or sexual practices or sex and related abusive practices.

Further, the ordinance defines a child as “any person who has not
attained the age of eighteen years” (section 2b). The general punishment
for trafficking is imprisonment, which may extend to seven years, and also
a fine.

62 | P a g e
 The punishment extends to 10 years and a fine if the crime involves
a child, and 14 years and a fine if it involves the abduction or kidnapping
of a child (section 3).

The definition of trafficking does not mention internal trafficking,

which therefore leaves children and adults who are trafficked within the
country without protection. The researcher feels that a minor amendment
in Section 2 of the Ordinance can cover entire intra-country trafficking.

The definition complies with the ’Palermo Protocol’ with regard to

defining the crime as independent of a person's consent if illicit means are
applied. However, a separate definition of child trafficking, independent
of the use of illicit means, is not offered.

The Ordinance also outlines prevention, protection and prosecution

strategies. On protecting trafficked persons, appropriate, direct the
government to provide women and children who have been trafficked with
shelter, food and medical assistance.36 In relation to foreign trafficked
persons, it states that the government should allow witnesses to stay in
Pakistan for the period as long as the court feels necessary.3’

Additional measures designed to facilitate the prosecution of

traffickers include the establishment of special trafficking courts and
training of relevant officials, judges and law enforcement personnel 38
Most of the child abuse cases have been registered under the Offence of
Zina (Enforcement of Hudood- : Islamic laws stating the limits ordained
by Allah) Ordinance 1979.3’

*6 Ibid., Section 6 (iii). *7 Ibid., Section 6 (i). 3’ Coomaraswary and Satkunanathan, op. cit., p. 38. 3’
The Offence of Zina (Enforcement of Hudood) Ordinance, 1979, Ordinance No. VII of 1979, 9
February 1979, ava ilable at www.pakistani.org/pakistan/legislation/zia _po_1979/
ord7_1979.htmI^. Protection of Women (Criminal Laws Amendment) Act of 2006.40

63 | P a g e
 In 2006, however, the Pakistan National Assembly and Senate
passed a landmark bill and amended the Hudood Ordinance, with the

The Act makes a number of progressive amendments. Now, rape

may only be prosecuted under secular law (i.e. the Pakistan Penal Code),
with secular laws of evidence such as forensic evidence and witness
accounts being considered. Prior to November 2006, laws in Pakistan
made little distinction between rape and extramarital sex. Women were
forced to obtain the testimony of four male Muslim witnesses in order to
prove they had been raped. If they were unable to do so, they were tried
under the Hudood Ordinance 1979 for the offence of extramarital sex.41
Women who had been abducted could also be prosecuted for extramarital
sex, as it was sometimes presumed that in such instances sexual intercourse
had taken place.42

The stipulated punishment for extramarital sex was death by

stoning. prostitution or illicit intercourse; and taking The Ordinance
prohibited various activities related to trafficking, such as: inducing a
woman to go from a place with the intent that she may be forced or seduced
into illicit intercourse, or knowing it is likely that she will be; kidnapping
or abducting a person so that they may be “subjected to the unnatural lust
of another person,” or knowing that it is likely that the person will be
buying or selling a person for purposes of away, concealing, or detaining
a woman with the intent that she may have illicit intercourse with any
person.4*

Pakistani.org,The Website for Pakistanis, <www.pakistani. org/pakistan/legislation/2006/wpb.htmI>. 4!

129 ECPAT, Situational Analysis Report on Prostitution of Boys in Pakistan (Lahore and Peshawar),
2006, p. 28, at <http://asiapacific. amnesty.org/apro/aproweb.nsf/pages/svaw_hudoo>. 42
Coomaraswary and Satkunanathan, op. cit., p. 39. 49

64 | P a g e
 Under the Zina Ordinance, it was practically ardous for victims,
particularly women and girls, to prove that an offence had been committed.
In the case of sexual abuse, either a confession by the accused or the
testimony of four male Muslim witnesses had to be provided, and a
sexually abused girl would risk facing accusations of having committed
adultery.44 In the past, this practical inability of discharging the burden of
proof for sexual assault forced the victim women and girls to get
themselves convicted for adultery under this ordinance.

In the opinion of the researcher such sort of high degree of burden of

proof on the victims was an additional atrocity on them at the hands of the
law makers and legislation, which was ultimately rectified by the
amendment in 2006.

The 2006 Act makes amendments and inserts a number of sections that
could be used to prosecute traffickers under the secular law, which calls
for secular rules of evidence.

The new section 367A of the Pakistan Penal Code makes “kidnapping
or abducting in order to subject [a] person to unnatural lust” an offence.
This is punishable by death or rigorous imprisonment for a term that may
extend to 25 years, as well as a fine. The new section 371A creates the
secular offence of “selling [aJ person for purposes of prostitution, etc,”
with a punishment of imprisonment that may extend to 25 years, and a fine.
Indeed, it also creates the offence of “buying a person for prostitution etc.”

43. ECPAT, Situational Analysis Report, op. cit., at <www.ecpat.

net/eng/publications/Boy_Prostitution/PDF/Pakistan.p df>, p. 29. For full text, see:
<www.pakistani.org/pakistan/legislation/2006/wpb.ht ml>.

44. Protection of Women (Criminal Laws Amendment) Act, 2006,

<www.pakistani.org/pakistan/legislation/2006/wpb.ht mI>.

65 | P a g e
 through section 371B, which entails similar punishment. Section 469A
makes “enticing or taking away or detaining with criminal intent a
woman,” an offence punishable by seven years' imprisonment.

The new Act has been watered down since its inception as a Bill,
however. The crime of intercourse between a man and a woman outside of
marriage (the individuals may be single or married to others) may be
prosecuted as “fornication” under the 2006 Act, or as Zina under the
Hudood Ordinance of 1979.

Other laws of relevance to child trafficking are the Prevention and

Control of Human Trafficking Rules 2004, the Employment of Children
Act 1991, the Bonded Labour System (Abolition) Act 1992 and the
Bonded Labour System (Abolition) Rules 1995.

(E) Sri Lanka

Women trafficking and child trafficking are prohibited under Ordinance
No. 2 of the Penal Code and the Penal Code (Amendment) Bill of 2005.
The latter repeals section 360c of the old Penal Code and replaces it with
a new section that contains a broad definition of trafficking and stipulates
that any person shall be guilty of trafficking if the person: “

(a) buys, sells, barters or instigates another person to buy, sell or barter any
person or does anything to promote, facilitate or induce the buying,
selling or bartering of such person for money or other consideration;

(b) recruits, transports, transfers, harbours or receives any person or does

any other act by the use of threat, force, fraud, deception or inducement
whether with or without the consent of such person for the purpose of
securing forced or compulsory labour or services, slavery, servitude,
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 the removal of organs, prostitution or other forms of sexual
exploitation; or

(c) recruits, transports, transfers, harbours or receives a child or does any

other act with or without the consent of such child for the purpose of
securing forced or compulsory labour or services, slavery, servitude or
the removal of organs, prostitution or other forms of sexual
exploitation.”

In addition to section 360c, several provisions of the Penal Code

criminalize the acts relating to the sexual exploitation of children. Overall,
the 2005 amendment of the Penal Code has largely enhanced children's
legal protection from trafficking, exploitation and abuse, and includes
increased protection from Internet-based sexual abuse. However, it does
not exempt trafficked children from criminal liability for offences
committed in relation to their trafficking situation.45 Thus, children who
have been trafficked and have been forced or otherwise induced to commit
an offence can be held legally accountable. Other items of legislation of
relevance to addressing child trafficking in Sri Lanka are: the Constitution;
the National Child Protection Authority Act 1998; the Employment of
Women, Young Persons and Children Act (No. 47) 1956; the Children and
Young Persons Ordinance;

the Brothels Ordinance; the Vagrants Ordinance; the Houses of Detention

Ordinance No. 26 of 1955; and the Educational Ordinance. The Brothel
Ordinance criminalizes keeping, managing, acting and assisting in the
management of a brothel. The Vagrants Ordinance's provision on causing
or encouraging a girl to be seduced or prostituted applies only to girls under

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age 16, leaving all boys and all girls between 16 and 18 years of age
vulnerable to prostitution. Child rights groups in Sri Lanka have expressed
concern that the Ordinance is wrongly used to assign legal accountability
to trafficked children for crimes committed during the period of trafficking
and exploitation.

Protocol to Prevent, Suppress and Punish Trafficking in Women and

Children The Protocol to Prevent, Suppress and Punish Trafficking in
Women and Children, supplementing the United Nations Convention
against Transnational Organized Crime (the ‘Palermo Protocol’), is the
first legal instrument to provide an internationally agreed definition of
’trafficking in persons’ and ‘child trafficking’ (article 3 [a]; [d]).46

Its preamble states that, the ‘Palermo Protocol’ is intended “to prevent and
combat trafficking in persons [through] a comprehensive international
approach in the countries of origin, transit and destination that includes
measures to prevent such trafficking, to punish the traffickers and to
protect the victims. 47 One of its stated purposes is to “protect and assist
the victims of...trafficking, with full respect for their human rights. 48
Articles 9.1 (a) and 9.1 (b) require States Parties to establish
comprehensive policies that specifically prevent re- victimization. The
‘Palermo Protocol’ supplements the Convention against Transnational
Organized Crime and therefore focuses more on aspects of criminal law
than on the protection of victims.4’ It

45. Coomaraswary and Satkunanathan, op. cit., p. 74; for original text of amendment see Gazette of The
Democratic Socialist Republic of Sri Lanka, part II, August 2005.

46. United Nations, Protocol to Prevent, Suppress and Punish Trafficking in Persons, op. cit., G.A. Res.
25, Annex II, U.N. GAOR, 55th Sess., Supp. No. 49, at 60, U.N. doc. A/45/49 (Vol. I) (2001),
entered into force 9 September 2003.

47. United Nations, Protocol to Prevent, Suppress and Punish Trafficking in Persons, op. cit., preamble.
4’ Ibid., article 2 (b).

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4’ For example, the Palermo Protocol states in article 5 (1) that each
State Party "shall” adopt legislative and other measures “to establish as
criminal offences conduct set forth in article 3 of this Protocol when
committed intentionally.“ In contrast, article 6 (1) states that:

“In appropriate cases and to the extent possible under its domestic
law, each State Party shall protect the privacy and identity of victims of
trafficking in persons, including, inter alia, by making legal proceedings
relating to such trafficking confidential.“ In addition article 6 (3) states
that “Each emphasizes border control and security of documents, while
it is vague on the types of measures that States shall “endeavour
to undertake” to assist trafficked persons.50 In order to protect the
human rights of trafficked children, the ‘Palermo Protocol’ should be
applied along with other international standards, in particular the
Convention on the Rights of the Child and its Optional Protocols, which
contain more explicit measures to protect the rights and interests of
trafficked children. Unlike those of the ‘Palermo Protocol’, the
provisions of the Convention on the Rights of the Child and its Optional
Protocols are mandatory.

The two Optional Protocols complement one anothér, each

approaching the issue of child trafficking and exploitation from a
different perspective. Ratification of both instruments is therefore
essential to the provision of broad protection for children who have been
trafficked or sold into exploitation. Optional Protocol on the
involvement of children in armed conflict

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 The preamble of the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict
(OPAC) recognizes the special needs of children who are particularly
vulnerable to recruitment or use in hostilities owing to their economic
or social status or gender. Furthermore, the OPAC requires ratifying
States to take all feasible measures to ensure that members of their
armed forces under the age of 18 do not take a direct part in hostilities
(article 1). It states that children under age 18 are entitled to special
protection (article 3.1) and that any voluntary recruitment of persons
under the age of 18 must include adequate safeguards (article 3.3). The
OPAC further bans compulsory recruitment below the age of 18 (article
2).

Article State Party shall consider implementing measures to

provide for the physical, psychological and social recovery of victims of
trafficking in persons.” See: United Nations Convention against
Transnational Organized Crime, op. cit. ’0 United Nations, Protocol to
Prevent, Suppress and Punish Trafficking in Persons, op. cit., article 9.

7.1 requires States Parties to cooperate in implementing the

Protocol, for example through preventive measures and the
rehabilitation and social reintegratiori of victims, including through
technical cooperation and financial assistance. The links between child
trafficking and the recruitment or abduction of children into armed
forces demand further attention.

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2.10 Trafficking patterns and flows
 Although reporting on cases of child trafficking is limited in scope, it
indicates that trafficking in persons occurs in the majority of the
countries in South Asia.
 Most of the countries in South Asia are countries of origin, transit and
destination in the human trafficking chain. Internal trafficking (within
national borders) also occurs and is estimated by researchers and
programmers to be a significant form of trafficking in the region. This
means that governments in South Asia have multiple responsibilities:
to prevent trafficking; to protect children who have been trafficked or
who may be at risk; to prosecute traffickers; and to ensure the recovery
and empowerment of children who are survivors of trafficking,
exploitation, abuse and violence.
 Child trafficking in South Asia is most commonly perceived and
addressed in connection with sexual exploitation. However, trafficking
takes place for various other exploitative purposes. Among these are:
labour exploitation, including domestic servitude and begging; criminal
activities; exploitation in armed conflict; forced marriage; debt release;
and settlement of disputes. According to Europol and multiple sources
confirming and completing this, the typical areas - apart from the
“invisible” sector such as domestic work and entertainment - where
victims of trafficking can be found are:
 agriculture,
 service sector,
 HORECA sector (hotel/restaurant/cafés),
 construction industry,
 textile enterprises,

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 retail,
 manufacturing sector,
 logging,
 mining,
 fishing A) Estimate of the profits from human trafficking
 According to the International Labour Organization (ILO)19, the
annual profits generated by trafficked people in forced economic
exploitation can be estimated as approximately USD 4 billion51.
 Annual profits from forced commercial sexual exploitation as a
result of trafficking amount to USD 28 billion. According to the ILO,
almost half of these profits (USD 13,3 billion) are made within
industrial countries, with second highest profits being in Asia 2 (USD
9,5 billion).
 The total illicit profits of all forced labour resulting from human
trafficking is estimated to be about USD 32 billion per year53.
 Still according to the ILO, half of this profit is made in industrialised
countries (USD 15,5 billion) and close to one-third in Asia (USD 9,7
billion). Globally, this represents an average of approximately USD13
000 per year for each forced Iabourer54.

51. THE FINANCIAL ACTION TASK FORCE (FATF) Report , JUIy 2011, Pg. 16

52. THE FINANCIAL ACTION TASK FORCE (FATF) Report, July 2011, Pg. 16

53. THE FINANCIAL ACTION TASK FORCE (FATF) Report, July 2011, Pg. 16

54. THE FINANCIAL ACTION TASK FORCE (FATF) Report, July 2011, Pg. 16

72 | P a g e
 Considering that the total profits coming from illicit trades (including
drugs, people, arms, fake goods and stolen natural resources) are
estimated by the UNODC as USD 130 billion, the estimated profits of
human trafficking represent a significant proportion of that tota)55 B)
Estimate of the profits from migrant smuggling

 According to the UNODC21 , the income of smugglers operating from

Africa to Europe amounts to USD 150 million annually and smugglers
operating from Latin America to North America are believed to earn
about USD 6,6 billion each year. These two flows are the major illegal
migration flows56

 The estimated migrant smuggling profits in the US for 2008 was USD
2 157 billion. This estimation is based on the typical smuggling rates
known. For example, the smuggling rate from Mexico ranges between
USD 1 000 and USD 3 500 per individual smuggled. From Brazil, it
varies from USD 13 000 to USD 18 000 and from China from USD 40
000 to USD 70 000. The source country of Mexico accounts for 75%
of this estimated total57.

 ICE-HSI (Immigration and Customs Enforcement — Homeland

Security Investigations) seized over USD 14 million in assets during
2009 in migrant smuggling and human trafficking -related cases ’.

55. THE FINANCIAL ACTION TASK FORCE (FATF) Report, July 2011, Pg. 16 S THE FINANCIAL
ACTION TASK FORCE (FATF) Report, July 2011, Pg.

73 | P a g e
 Some examples of known smuggling fees might also give an idea of the
potential proceeds coming from the SOM. For example, from Albania
to Western European Countries, the smuggling fees range from 2500
EUR to 6000 EUR per individual smuggled. According to the IOM, the
smuggling fees from Central Asia to Europe range from USD 3 000 to
USD 10 000 per individual smuggled5’.

2.11 Globalization and Trafficking in Women and Children

“International cruise line seeks attractive and adventuresome hostess to

greet passengers. See the world, meet new people and earn a stable
income!” — sounds innocuous enough until a destitute and unwitting
applicant with seemingly nothing to lose is recruited from her home
country and arrives at her destination only to be forced into prostitution.
The International Labor Organization (ILO) estimates that there are 2.4
billion people in the world at any given time involved in forced labor

As per the definition derived by the United Nations Convention on

Transnational Organized Crime, “trafficking in persons means the
recruitment, transportation, transfer, harboring, or receipt of persons either
by threat or use of abduction, force, fraud, deception or coercion, or by the
giving or receiving of unlawful payments or benefits to achieve the consent
of a person having the control over another person for the purpose of
exploitation” As the world “shrinks” and evolves toward a sort of global
community, the transfer of people both voluntary and coerced is becoming
more prevalent. The condensing of the world can be attributed to the
process of globalization.

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 It is in large part due to globalization that human trafficking has
become such a lucrative and thus, fast-growing criminal activity
Globalization is the development of an increasingly integrated global
economy marked especially by free trade, free flow of capital, and the
tapping of cheaper foreign labour markets that transcend nation-state
boundaries (Webster.com).

In part, globalization disseminates practices, values, technology,

and other human products throughout the globe (Bales 2005). It must be
acknowledged that forms of slavery and human trafficking are not just
outcomes of globalization; they are part of the globalization process itself
that involves a functional integration of dispersed economic activities. To
illustrate this phenomenon, author Kevin Bales offers the example of the
woman recruited in Thailand, and subsequently trafficked to other states
as a sex-slave who generates money that is in turn recycled back into the
Thailand brothel economy. It is with the nexus of globalization and human
trafficking that this essay is concerned and will endeavor to elucidate
throughout.

(A)Economic Globalization as a Facilitator of Trafficking in Women and

Children

The process of globalization is especially pronounced and entrenched

in the world economy. An increasingly integrated world economy
enables human trafficking to thrive. Just like the slavery of old, modern
day trafficking of humans is a lucrative business that has only become
more rewarding for traffickers with the advent of globalization. In fact,
the trans- Atlantic slave trade of centuries ago epitomized economic
globalization.

75 | P a g e
Just as it was back then, human trafficking, as abhorrent as it is, remains
a matter of supply and demand. To corroborate this stark and
unfortunate economic reality, the ILO estimates that annual global
profits generated from trafficking amount to around U.S. $32 billion
(ILO 2008). Polakoff submits that economic globalization has led to a
form of “global apartheid” and a corresponding emergence of a new
“fourth world” populated by millions of homeless, incarcerated,
impoverished, and otherwise socially excluded people (Polakoff 2007).
It is from this pool of “fourth world” denizens where victims of human
trafficking are increasingly drawn. From this perspective, economic
globalization is the prime culprit of the facilitation of an exorbitant
number of vulnerable trafficking victims worldwide. More precisely,
according to the U.S. Department of State's 2008 report, about 600,000
to 800,000 people—mostly women and children—are trafficked across
national borders. In this age of globalization, one can only expect these
numbers to escalate as the inequalities and the economic disparities
between the developing and developed worlds continue at the present
pace. Globalization fosters interdependence between states for
commerce and facilitates the transfer of commodities.

Comparative advantage in goods and cheap labour in developing

states has played a significant role in objectifying and exploiting
humans for economic ends. In developing states where agrarian
lifestyles once predominated, citizens are left without an education or
the appropriate skills to compete in an evolving work-force. To a large
extent, the lesser developed countries of the world have become the
factories and workshops for the developed countries. A high demand
for cheap labor by multinational corporations in developed countries

76 | P a g e
 has resulted in the trafficking and exploitation of desperate workers
who, in turn, are subjected to a lifetime of slave-like conditions.

(B) Victims and Perpetrators: The Usual Suspects

As socio-economically disadvantaged people improvise to salvage a

livelihood in a transforming world, opportunistic predators seize upon
the vulnerability of the desperate. Women and children are the most
vulnerable and thus, principle victims of traffickers who coerce their
services predominantly in the sex industries. Otherwise, forced labor
and slavery in any capacity is a common fate for trafficked humans;
victims may just as easily include men in addition to women and
children.

Chief among traffickers are organized criminal syndicates that

capitalize on a lucrative sex-trafficking industry that has met with an
insatiable demand. In particular, crime syndicates are notorious for
their aplomb in identifying vulnerable females who entertain visions of
a better life and may thus be more susceptible to deceptive job
opportunities in a foreign country. Once they arrive in the “destination”
country, it is often too late for these vulnerable women to escape the
web of deceit as they are relegated to a life of slavery. The ultimate
icon of globalization, the internet, has also proven to facilitate the
trafficking of individuals. Traffickers can now, from the comfort of
their own lairs, lure women into trafficking under the guise of

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2.12 Globalization Against Trafficking in Women and Children:
Prevention, Protection, Prosecution

As a result of the underground nature of their trade, traffickers often

manage to stay one step ahead of law enforcement. Heretofore,
globalization has largely facilitated trafficking in Women and Children
while accordingly serving to impede counter-trafficking efforts. State-
centered approaches to combat trafficking are proving obsolete and
futile since human trafficking knows no state boundaries.

As such, many proponents of a globalized law-enforcement

network, such as Christien van den Anker; advocate a concerted
cosmopolitan attack against trafficking that encourages law enforcement
collaboration across state boundaries. International Institutions such as
Interpol, the U.N., and a host of NGOs are teaming up to combat
trafficking in Women and Children. Following the adoption of the Palermo
Protocol initiated by the United Nations Convention Against Transnational
Organized Crime, many states have enacted new anti-trafficking laws or
sought to bring their laws in line with international standards to propagate
awareness of the problem, to prevent trafficking, and to protect victims and
prosecute traffickers. Furthermore, numerous activists against human
trafficking have proposed a multi-tiered approach to combat globalized
human trafficking that assume a more pro-active stance compared to what
has historically been a reactive struggle against trafficking. Many of these
approaches advocate programs and methods that dissuade the trafficking
of humans in the first place.

Author Vanessa Baird advocates education programs designed to

discourage men from soliciting sex. Baird also promotes the new global

78 | P a g e
trend started by Sweden in 1998 of approaching the problem from the
“demand” side by pursuing and prosecuting the traffickers and those
seeking these illicit services as opposed to the sex-workers themselves.
Kevin Bales also presents the novel suggestion of calling on researchers to
follow the flow of raw materials from slave to marketplace to identify
corporations linked to slavery and instances of forced labour facilitated by
trafficking.

(A)Smuggling versus Trafficking: Do the U.N. Protocols have it right?

The terms “trafficking” and “smuggling” are often thought of as

interchangeable due to their similar connections with irregular
migration and the clandestine movement of people. However,
trafficking and smuggling maintain their own differences, especially
pertaining to their organizational dynamics, their forms, and their
voluntary and involuntary natures that revolve around trust and
exploitation. Current understandings of these terms stem from the
widely accepted United Nations Protocols that were resultant from the
Convention against Transnational Organized Crime. These Protocols
were the first real attempts to differentiate between trafficking in
Women and Children and smuggling, and provide a significant
foundation for a general definition of these terms.

Yet, smuggling and trafficking in women and children differ beyond

the basic distinctions made by the U.N. Protocols. Although the
Protocols highlight fundamental differences, they fail to expand upon
further distinctions between these two terms. The United Nations
Protocols, entitled the “Protocol against the Smuggling of Migrants by
Land, Sea and Air” and the “Protocol to Prevent, Suppress and Punish

79 | P a g e
Trafficking in Persons, Especially Women and Children,” provide a
basic foundation upon which smuggling and trafficking definitions
begin. The first protocol defines smuggling as “the procurement, in
order to obtain, directly or indirectly, a financial or other material
benefit, of the illegal entry of a person into a State Party of which the
person is not a national or a permanent resident.”

This protocol establishes smuggling as the mutual financial

agreement, between the smuggler and migrant, to illegally transport a
person across an international border. In contrast, the second U.N.
Protocol defines trafficking as: the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force
or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the
prostitution of others or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude or
the removal of organs.

This second protocol establishes trafficking as the illegal

transportation of an individual against their will through the use of
coercion, bribery, force, or deception. Through these definitions,
smuggling can be understood as a transaction between migrant and
smuggler that provides agency to the migrant in the process. In
comparison, the definition of trafficking emphasizes exploitation, and
thus the absence of choice.

80 | P a g e
 These definitions provide an excellent foundation for understanding
the basic differences between smuggling and trafficking; however, they
are inadequate because of their inherent simplicities that exclude
further differentiation between the two terms. This further
differentiation begins with an examination of the organizational
dynamics in which smuggling and trafficking operate. Transnational
crime is usually associated with the notion of hierarchical organized
crime structures that determine operations.

However, smuggling strays away from this broader perception by

operating on an individual level or within loosely structured smuggling
networks. These small-scale operations are carried out by independent
actors and maintain a circulatory element. Within this element,
smugglers assist migrants, migrants assist relatives, and relatives return
to the smuggler to emigrate. The smuggler is encouraged to do his or
her job well in order to retain business. In comparison, trafficking in
women and children uses highly organized crime structures.

Instead of operating within a loose framework of one or two

individuals carrying out operations on a small-scale level, trafficking
operates within an intricate system of varying levels of power.
Trafficking follows the more traditional hierarchical structure of
transnational organized crime, with one individual or group issuing
orders and various sub-levels carrying out the orders.

The use of centralized structures facilitates the illegal transport of

human beings through recruitment, deception, harboring, and trade,
thereby exemplifying the involuntary nature of trafficking. Although
trafficking is also a business, it thrives under rigid control and job

81 | P a g e
separation. In addition to their organizational breakdown, smuggling
and trafficking further vary in their forms. Human smuggling, with its
mutually voluntary participation from both the migrant and the
smuggler, largely occurs within labour and asylum migration.
Individuals involved are looking for either a better profit margin or a
better life.

A smuggler enters into a contract with a migrant to receive

compensation for his or her services during the transitory portion of the
crime. In comparison, a migrant enters into a contract with a smuggler
to seek a better, economically stable life within a specific destination
country. Whether it is for the purpose of better work, a better life, or
political asylum, smuggled migrants willingly enter into a contract with
a smuggler to escape from the difficulties that perpetuated their desire
to leave their homes.

Particularly with asylum, the various benefits offered in Western

countries for migrants who seek asylum can be highly desirable and
may ultimately influence a migrant's decision to immigrate to a
particular destination country. However, regardless of a
successful smuggling operation, migrants are still vulnerable to
deportation. The mutually voluntary nature of smuggling can lead to
legal repercussions. Unlike the recent development of victim
protections for trafficking victims, smuggling continues to be viewed
as an illicit crime committed by both parties involved, subjecting both
smuggler and migrant to a host of legal consequences. In comparison,
trafficking in Women and Children predominantly occurs within the
forms of forced sex and forced labor. Women and children are the most
vulnerable to being trafficked for sex.
82 | P a g e
 They are transported illegally, unwillingly, and sometimes
unknowingly within a specific country or across international borders.
Labour trafficking is similarly conducted, but with a wider pool of
victims. Additionally, labour trafficking is completely involuntary,
unlike the voluntary and contractual nature of labour smuggling.
Ultimately, both sex and labour trafficking victims are sold into
trafficking by deception, coercion, exploitation, and force.

Unlike with smuggling, where a migrant is willing to be smuggled

throughout the process, trafficking presents a complete violation of an
individual’s agency and their basic human rights. In trafficking, there
is a victim and a perpetrator, whereas in smuggling there are two illegal
actors, the smuggler and the migrant.

A predominant factor in smuggling and trafficking distinctions is the

voluntary or involuntary nature of the crimes. Smuggling definitions
imply a voluntary nature where the smuggler and migrant enter into
some kind of a contract to illegally transport migrants for a profit.
Unlike trafficking, the smuggler develops a relationship with the
migrant that ends upon completion of the transaction. There is a level
of trust between the smuggler and the migrant that does not exist in
trafficking. Without trust, the migrant will not enter into an agreement
with the smuggler. Trafficking, however, involves an initial
establishment of trust that disappears almost immediately. Trafficking
definitions imply a significant involuntary nature where the trafficker
and the victim only enter an arrangement through coercion, force, or
exploitation. There is no relationship and there is no trust within the
trafficking process. Traffickers illegally transport human beings for a
profit with no mutual contract ever established between the trafficker
83 | P a g e
and the victim. Trafficking remains rooted within deception, bribery,
and bondage. The U.N. Protocols do provide basic definitions of human
smuggling and human trafficking; however, they fail to mention trust
in their differentiations, a factor which is integral to how these crimes
operate and continue to thrive. Although the crimes are similar in their
illegal transport of humans, they differ greatly in their levels of trust.
The voluntary and involuntary natures of these crimes are often
dependent upon the existence or absence of trust. Another main
exclusion of the U.N. Protocols involves the potential for exploitation
to occur within smuggling as well as trafficking. The trafficking
protocol addresses the exploitative nature of trafficking within its text
and is used as a differentiation between human smuggling and human
trafficking.

However, the Smuggling Protocol fails to address the potential for

smuggling to use exploitation to increase profits, blackmail migrants,
or even segue into involuntary trafficking. This broad generalization of
trafficking in women and children and smuggling in women and
children is only further reinforced by current literature's failure to
recognize that smuggled migrants, although offered agency within the
activity, are highly vulnerable to exploitation as well.

Ultimately, there is a very thin line between these two crimes that
can be easily crossed by a specific scenario, no matter how great the
differences between the two crimes are. Smuggling and trafficking in
Women and Children are inherently linked as both contribute to illegal
migration; however, they are fundamentally different.

84 | P a g e
 Human smuggling and human trafficking vary in their
organizational dynamics, their forms, and their voluntary or
involuntary natures. Although the U.N. Protocols touch briefly on these
topics, they are largely ignored. Additionally, the Protocols exclude the
important trust variable within their definitions and mistakenly
associate exploitation with only human trafficking. Although they
provide an excellent foundation for a differentiation between the
smuggling and trafficking in women and children terms, they remain
too broad to elicit proper understandings, and thus proper responses to
these highly complex issues.

II is universally understood that these issues must be addressed, but

a thorough differentiation between the two is necessary to better
understand the issues and how best to confront them. Knowing how
human smuggling and human trafficking operate, who is involved, and
for what purpose, is integral to determining the best courśe of action.

(B) Considering the Margins: Developing a Broader Understanding of

Vulnerability to Trafficking Efforts aimed at combating human
trafficking should be directed at protecting those most vulnerable to
being trafficked. There have been substantial efforts to create national
and international laws punishing the act of trafficking, directed at those
individuals caught trafficking people. While these laws create means
by which to punish traffickers, they have not necessarily led to a
reduction in the estimated numbers of trafficked people.

This implies that simply approaching trafficking as a criminal activity

is not enough. lnstead, trafficking should be understood by the systemic

85 | P a g e
factors that make populations vulnerable to trafficking. There may
always be potential markets for trafficked individuals so the challenge
confronting activists must be to understand how to approach the
existing “supply” of people who are susceptible to b eing trafficked. In
order to more effectively combat the practice of human trafficking, it
is important to understand common characteristics of trafficked people.
Contrary to the popular perception of trafficking, it is not something
solely affecting women and children. The truth is that trafficking is
perpetrated on men and women, old and young, from various countries
and to various countries.

While some physical characteristics may make some people

vulnerable to being trafficked for particular types of work, these
characteristics do not necessarily make these people more vulnerable
to being trafficked in general. Therefore, it is important to gain a better
understanding of the economic and political conditions that make
trafficking more prominent in some regions rather than others. One of
the misconceptions about trafficking is the role of gender in
determining vulnerability.

An initial review of the literature available on the topic of human

trafficking provides an inaccurate picture of the gendered nature of
trafficking. It might appear women are trafficked substantially more
than men. While completely accurate data on the field is challenging to
find, one study suggests roughly 58% of young trafficking victims are
female and 42o/o are male. (Bokhari: 2008). Other reports suggest over
half of all victims worldwide are male. Clearly, there is a difference in
the rate at which men and women are trafficked, but the disparity may

86 | P a g e
not be as great as commonly believed. Gender, however, in part
determines the type of work for which one may be trafficked.

Most of the time the primary reason for trafficking men and boys is
for labour, but the type of labour may vary. Young boys are usually
trafficked to work in homes for domestic service while in some cases
boys become child soldiers. When they get older, the trend towards
labour continues, but is usually more physical and industrial in nature.
With regards to girls and women who are trafficked we again see a
trend towards particular types of labour. At younger ages, females work
in domestic service positions, similar to young boys. As women get
older, they are more likely to be trafficked for the sex trade. Given the
lack of substantial research on this issue, it is hard to clearly define the
roles or characteristics that make males or females comparatively
desirable to be trafficked. What is important to understand is at any age,
and for either gender, it is possible to be desirable for some purpose.

There is a substantial market for peoples of all genders and all ages.
As long as conditions push people to seek exits from challenging
situations and there are conditions allowing trafficking to take place, it
will be hard to change the existing market for trafficked peoples.
Family economic weakness is a primary factor that puts these children
in danger. For example, in Africa, trafficked children are commonly
either given up by their families because it is too expensive to have
another child at home, or because of the potential cash flow a child can
send back through labour away from home.

In Russia, the most vulnerable children are those who are poor and
homeless and separated from their families. While both of these cases

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are clearly very different, the commonality remains that children in
both of these regions are in danger when there is a weak or fragile
economic situation. People who have been trafficked once
are clearly still vulnerable and the issues” seem even to be
magnified considerably. People who are trafficked find themselves in
a foreign country (often illegally), in debt to their traffickers, and
without resources for assistance. Given the relative weakness of laws
against trafficking and their usually singular focus on issues of sex
trafficking, there is little legal recourse available for trafficked people
once they are “free.”

There is considerable attention in human trafficking literature

devoted to this concern. Much suggests that victims of trafficking are
vital to legal efforts to prosecute traffickers, but that legal systems do
not protect these victims from deportation, criminal prosecution, nor
are there protectionsagainst retribution from the traffickers.
As argued above, economic vulnerability is one of the factors that can
“push” people into a situation where they can be trafficked.

The regions from which people are trafficked are generally countries
experiencing significant economic troubles, however there is no one
single economic indicator that can point to the likelihood of trafficking.
People are not necessarily rounded up en masse and transported to
distant locations where they are forced to work. The trend is that people
in different countries look for a way to make a living either for
themselves or as a way to support a larger family. Adults make rational
choices to consider working abroad based on the promise of earning
better money than is available at home.

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 They often know something about the nature of the work that will
be performed (i.e. physical labor, sex industry, etc.), but do not know
exactly what their future employer/trafficker has in store for them.
Once they leave their home, they find themselves in a position that is
very difficult to escape. Weak political institutions can make
trafficking more prevalent as well. When a government is not able to
provide adequate policing mechanisms, the poor and disenfranchised
have fewer resources and recourse.

While many countries have signed international protocols against

human trafficking, and many have created domestic laws prohibiting
such action, many states simply do not have the ability to enforce these
protocols and laws. Without the ability to enforce the laws already on
the books, the laws are altogether meaningless. This creates an
environment where traffickers are relatively free to operate with little
fear of punishment for their illegal activities. It would not be prudent
to conflate economic and political weaknesses. On some levels, a weak
government can be linked to creating a situation of economic
vulnerability.

When there are significant numbers of people living in poverty and

there is no governmental body that is able to be of assistance, the
economically vulnerable look for a way out of their poverty away from
the government. A weak economic situation and fragile political
institutions can mutually reinforce one another in creating conditions
that make someone vulnerable to be trafficked. Humans are trafficked
from all corners of the globe with all sorts of characteristics to a variety
of locations. Until it is possible to do more detailed research on the

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differences between different genders, ethnicities and ages; it will be
difficult to decipher more specific generalizations.

In almost any part of the world where there exists particular

conditions where people are vulnerable, there is likely going to be
someone who is willing to take advantage of that vulnerability. At the
same time, there are many other parts of the world with the economic
resources to create a market for trafficked individuals. Trafficking
creates conditions that continue to make citizens vulnerable. Countries
where people are trafficked from see continual decreases in human
capital and social networks as more people are removed from society
creating weaker economies and weaker domestic institutions.

In the recipient countries, organized crime is able to make inroads

into civil society and thus promulgate more trafficking. creating
entrenched factors that allow for vulnerability and new markets to
thrive. Trafficking is not simply a problem for one country or region to
deal with, nor is it an issue that solely faces one gender, ethnicity or
age group. This is not to imply some groups do not see higher
occurrences than other groups, but rather to suggest that limiting our
understanding to a few variables does the study of trafficking and those
who suffer from it a disservice.

The best indicators for the potential of trafficking then do not seem
to be one's gender, ethnicity or age. Instead, the primary factors that we
need to consider are on a larger level. An impoverished or fragile
economic situation combined with weak political institutions make for
an incredibly vulnerable population.

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 The researcher feels that if we identify who is vulnerable we can
start to identify the conditions that make them vulnerable. It is not
enough to merely enact anti-trafficking laws and prosecute traffickers
if we hope to adequately address the issues of human trafficking. As
long as a lucrative market for trafficked persons exists alongside
poverty and weak political institutions, traffickers will survive to do
their business of trafficking. The answer to combat trafficking does not
reside solely in the realm of prosecution and protocols; it resides with
effective efforts to identify who is vulnerable to trafficking in the first
place and addressing the issues that make those people vulnerable.

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 CHAPTER 3

National Efforts for prevention of human trafficking

In order to deal with the menace of human trafficking several national

Instruments were brought into force. National and State Laws on
prevention oftrafficking Constitutional provisions relating to immoral
trafficking The Constitution ofIndia, the fundamental law of the land,
forbids trafficking in persons. Article 23 of the constitution specifically
prohibits “traffic in human beings and beggar and other similar forms of
forced labour”. Other fundamental rights enshrined in the Constitution
relevant to trafficking are Article14 which provides for equality before law
and equal protection of law, Article 15 states that there shall be no
discrimination on groundsof religion, race, caste, sex place of birth, Article
21 guarantees right to life and personal liberty, Article 39(e) gives a
direction as to protection of women and children’s rights and states that
the health and strength of women and also the tender age of children not
be abused and should not be forced to do any work or enter anyavocations
which is unsuited to their age and strength due to their economic necessity.
Article 30(f) gives a direction that children should be protected from being
exploited and especially the youth should be provided with opportunities
and facilities which would assist them to develop in a healthy and dignified
manner. Article 51A It imposes a duty on every citizen of India that they
should strive for eradicating the derogatory practices which violates the
dignity ofwomen, and develop humanism and practice compassion.

it can be said that Indian constitution has enormous scope to protect

and promote human rights and the Supreme Court of India has been at

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forefront to protect the human rights inherent in fundamental rights. The
importance of fundamental rights can be imagined by that

children. Some of the provisions are Section 366A (Procuration of

Minor Girls under 18 years of age), Section 366B (Importation of Girls
under 21 years of age from foreign country), Section 367(Kidnapping and
Abduction for slavery, unnatural lust, etc)Section 372 (Selling of Minor
Girls for Prostitution), Section 373 (Buying of Minor Girls for
Prostitution). There are some other offences under IPC that have direct
bearing on the problem of trafficking. Thus, for instance, trafficked
women/girls very often areraped (an offence under Section 376) before
being sold to thebrothel.25

The Indian Evidence Act, 1872

Section 114 A – provides for presumption as to absence of consent in
certain prosecution for rape and Section 151 forbids the putting of any
question which is indecent or scandalous, unless it relates to facts in issue
or is necessarily connected with them are relevant in this context. This
section is applicable to human trafficking cases where women have
become victims of trafficking, innocently given consent to the offer made
by the trafficker believing it to be true. Thestatistics proves that in most of
the cases women trafficked are subjected to sexual exploitation. 26
Criminal Procedure Code, 1973 with Section 98 empowers a District
Magistrate, a Sub-divisional Magistrate of First Class to restore a woman
or female under eighteen years who have been abducted or unlawfully
detained for unlawful purposes to her lawful custodian or guardian.

25. Ratanlal & Dhirajlal, Indian Penal Code,1860, ( ed, 18thWadhwa & Company ,Nagpur, 1992)

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 The main purpose of this Section is to protect girls and women from
detention for immoral purposes, although the section is wide enough to
coverdetention which is clearly unlawful. Section 327 (2) Empowers the
presiding Judge of Magistrate, if he thinks fit, order for conducting in
camera proceedings in matters related to trial of rape or an offenceunder
section 376, Section 376A, 376 B, 376C and 376D of the Indian Penal
Code.

Criminal Procedure Code, 1973 with Section 98 empowers a District

Magistrate, a Sub-divisional Magistrate of First Class to restore a woman
or female under eighteen years who have been abducted or unlawfully
detained for unlawful purposes to her lawful custodian or guardian. The
main purpose of this Section is to protectgirls and women from detention
for immoral purposes, although the section is wide enough to cover
detention which is clearly unlawful. Section 327 (2) Empowers the
presiding Judge of Magistrate, if he thinks fit, order for conducting in
camera proceedings in matters related to trial of rape or an offence under
section 376, Section 376A, 376 B, 376C and 376D of the Indian Penal
Code.

The Bonded Labour System (Abolition) Act, 1976 this act aims at
protecting debtor from the clutches of creditors who exploit the poorand the
innocent section of society by treating them as bonded labourers for non-
payment of debts. It provides for declaring the debtagreement as void and
legal action against the exploiters.

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 Tourism Bill of Rights and the Tourist Code 1985- Adopted by WTO,
the Code enjoins that the State should preclude any possibility of the use of
tourism to exploit others for purposes of prostitution.

The Child Labour (Prohibition and Regulation) Act, 1986

Children are employed in the factories and various establishments

irrespective of the tender age and compelled to do hard labour with not
even minimum wages being paid. In order to save the innocent children
from being exploited by the employers and protect them from hazardous
occupation this Act came into force. This act prohibits employment of
children in the specific occupations set forth in Part A of the Schedule of
the Act. Children below 14 years are prohibited from being employed in
any factories or establishment’s non-compliance is considered as a
punishable offence.

Human Rights Act, 1993,

In India vulnerable sections of society has been subjected to various

kinds of exploitation and violation of their basic or fundamental rights
from time in immemorial. The victims had never raised their voice as they
had no protection or support from government or the law enforcement
authorities. This Act was enacted to enforce the basic rights of human
beings which is enshrined in the International Covenants like Universal
Declarations of Human Rights, International Covenant on Civil and
Political Rights, International Covenant on Economic, Social 23 and

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Cultural Rights, 1948,

it emphasis on the protection of life, liberty, equality and dignity of

individual guaranteed by the Constitution andenforceable by the courts in
India.

The Transplantation of Human Organs Act, 1994

there is a greatdemand for organs and innocent people are trafficked or

lured to selltheir organs and the middlemen or the traffickers make huge
profit and the victims is given meager amount or no amount is given. This
business is growing in alarming rate to check this illegal trade this Act has
been enacted. The two fold objectives of this Act are i) provide for the
regulation of removal, storage and transplantation of human organs for
therapeutic purposes ii ) to prevent commercial dealings in human organs.
The Act also provides for regulation and registration of hospitals engaged
in removal, storage and transplantation of human organs.

The Information Technology Act, 2000,

Women are trafficked or lured to expose themselves, represent

themselves in an indecent manner for money. This would corrupt the
minds of the viewers or the reader of the book or magazine or hear it, in
order protect the dignity of women this Act provides under Section 66A
(introduced vide ITAA 2008) for penalizing the person who publishes or
transmits any material either in electronic form which would affect or
corrupt the minds of the persons who are likely to comes across those
materials. Trafficked women or girls are subjected to various kinds of

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exploitation and mainly they are sexually abused and there are all
possibilities trafficked victims obscene pictures may be utilized for
indecent representation like morphing or for unlawful earning by selling
those pictures. This Act punishes the offender withan imprisonment which
shall extend to 3 years term and fine.

3.1 Role of Judiciary in combating Human Trafficking

The Hon’ble Supreme Court has interpreted this provision to give justice
to vulnerable sections of society by directing the state governments to
enact suitable legislations to protect the rights of women and children and
especially women who are subjected to various forms of exploitation.

In fact Indian Judiciary has significantly contributed for combating human

trafficking.

With regard to trafficking of women Supreme Court has given

landmark judgments in People’s Union for Democratic Rights v. Union of
India27 it was held that Article 23 was intended to strike “at every form of
forced labour even if it has its origin in a contract voluntarily entered into
by the person obligated to provide labour orservice”. Supreme Court has
upheld the basic human rights of bonded labourers receiving minimum
wages by passing an order thatfull wages to be paid directly to the labourers
instead of the contractors. The actual scenario of labour exploitation and
the conditions which the court intends to address. In Bandhua Mukti
Morcha v. Union of India28there were large numbers of workers in the
stone quarries of Haryana who were bonded laborers, in violation of the
Bonded Labour System (Abolition) Act, 1976 and that in addition to being
held in bondage they were working in inhumane conditions. The Supreme

97 | P a g e
Court directed the State Government to actas a Welfare State and ensure
that workers are continuing in work with improved conditions. In this case
the court has directed that the Government had the responsibility of
protecting the basic human rights of the weaker sections of the society.In
Laxmi Kant Pandey v.Union of India29 It was alleged that in the guise of
adoption Indian children of tender age were not only exposed to the long
dreadful journey to distant foreign countries at great risk to their lives but
in case they survive they were not provided any shelter and relief homes
and in course of time they become beggars or prostitutes for want of proper
care. Supreme Court gave directions to all State Governments and the
Governments of Union Territories to direct their concerned law enforcing
authorities to take appropriate and speedy action under the existing laws
in eradicating child prostitution without giving room for any complaint of
remissness orculpable indifference. In Vishal Jeet v. Union of India and
others30 This case is consideredto be one of the landmark decision, where
the Supreme Court took it

upon itself to give directions for the protection and rehabilitation of

those who had been dedicated as devadasis by their families or
communities for cultural reasons were currently in prostitution The Court
has given certain directions to the Central Bureau of Investigation (CBI)
to bring all inmates of the red light areas and alsothose who are engaged in
the flesh trade to protective homes of the respective States to provide them

27. AIR 1982 SC 1473

28. AIR 1984, S.C. 820
29. (1987) 1 SCC 67
30. 1989 3 SCC 318

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 with proper medical aid, shelter, education and training in various
disciplines of life so as to enable them to choose a dignified life and bring
up their children along withthe other children in the society. Supreme Court
has given life to theletters of the Constitution of India by rendering an
effective judgment on the issues of human rights violation and specifically
onhuman trafficking.

The trading of human beings has been in practice from time

immemorial in all parts of the world but the gravity of the offence was not
considered seriously. Certain sections of society were subjected to
exploitation and denied of their basic human rights. Especially women
were not considered as human being and they were dominated by the male
members of the society. Women and minor girls have been trafficked from
time in immemorial for either for the purpose of domestic servitude,
slavery or for prostitution.

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 CHAPTER 4.

Indian Scenario as to human trafficking Issue

The Asian continent is an origin region as well as a destination for

trafficking in persons. At a country level, China and Thailand are both
ranked very high in the citation index as origin countries, withBangladesh,
Cambodia and India.31

India stands in the fifth position in the world in the seriously affectedlist of
top 10 human trafficking countries in the world. Human trafficking is a
major problem in India. Although it is illegal in Indiahuman trafficking
laws are not implemented properly. Humans are trafficked in, out and
across India for various purposes such as forcedlabour, forced prostitution,
forced organ implantation etc. Girls are forced to become surrogate
mothers against their will. “Ninetypercent of India’s trafficking problem
is internal, and those from themost disadvantaged social strata-lowest caste
Dalits, members of tribal communities, religious minorities, and women
and girls from excluded groups are most vulnerable.

Traffickers transact their business through mobile applications, websites,

and online money transfers to facilitate commercial sex. Trafficker have
prime destinations for foreign and Indian female victims in Kolkata,
Mumbai, Delhi, Gujarat,

The Trafficking in Persons Report (TIP) states that India is a source,transit

and destination country for men, women and children subjected to
trafficking in persons, specially forced labour and commercial sexual
exploitation. The forced labour of an estimated

31. United Nations Office of Drugs and Crime (UNODC),Trafficking in Persons: Global Patterns2006,
@24

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20 to 65 million citizens constitutes India’s largest trafficking problem,
men, women and children in debt bondage are forced to work in industries
such as brick kilns, rice mills, agriculture, and embroidery factories. Many
Indian women trafficked out end up either in the Middle East for sexual
exploitation or in Europe, the USA.54 According to International
Organization for Migration;

there are 32.5 million international migrants in Asia out of which

India has the maximum number of 5.4 million in the year 2010. The US
State Department states that North East India has emergedas a high source
area for trafficking of women and children. Girls from Manipur, Nagaland,
Meghalaya and Mizoram have been rescued from various trafficking
rackets in Goa, Maharashtra, Andhra Pradesh and Karnataka.

The government of India does not fully comply with the minimum
standards for the elimination of trafficking: however, it is making
significant efforts to do so, particularly with regard to the law enforcement
response to sex trafficking.

Despite these efforts, the Indian government has not demonstrated

sufficient progress in its law enforcement, protection, or prevention efforts
to address labor trafficking, particularly bonded labour; therefore India is
placed on Tier 2 Watch list for the seventh consecutive year.

4.1 Magnitude of human trafficking in India

The forced labor of an estimated 20 to 65 million citizens constitutesIndia's

largest trafficking problem; men, women, and children in debt bondage are
forced to work in industries such as brick kilns, ricemills, agriculture, and
embroidery factories. A common characteristic of bonded labor is the use
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of physical and sexual violence as coercive means. Ninety percent of
trafficking in India isinternal, and those from India's most disadvantaged
social strata, including the lowest castes, are most vulnerable. Trafficking
between Indian states is rising due to increased mobility, rapid
urbanization, and a growth in a number of industries that use forcedlabor
such as construction, textiles, cable, biscuit factories, and floriculture.32
Over 5 years from 2009 to 2013 there was an increase of 38.3 percenthuman
trafficking cases , in the year 2009,there were 2,848 human trafficking
cases were reported and in the year 2013, 3,940 cases were reported.
Conviction rate showed a decline by 45 percent from

2009 onwards. 1,279 offenders were convicted in the year 2009 and in the
year 2013 it had declined drastically to 702 offenders being convicted. In
the year 2013 maximum crime registered under humantrafficking case was
65.5 percent and under section 366-A of Indian Penal Code (IPC)
Procuration of Minor Girls cases reported for the year 2009 was 237 and
in the year 2013 it was 1224 cases, under this section account to 31.1
percent of the crime was committed against women. This statistic shows
that the offenders target minor girls and they are vulnerable section of
society who become prey to the traffickers.

32. Trafficking in Persons Report 2016, Country Narrative India,U S Department of States

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4.2 Trafficking of minor girls the second-most prevalent trafficking
crime surged 14 times over the last decade and increased 65% in 2014,
according to new data released by the National Crime RecordsBureau. Girls
and women are the main targets of immoral traffickingin India, making up
76% of human trafficking cases nationwide overa decade, reveal NCRB
data. Other cases registered under human trafficking over the last decade
include selling girls for prostitution,importing girls from a foreign country
and buying girls for prostitution. As many as 8,099 people were reported
to be traffickedacross India in 2014.

According to National Crime Report Bureau data out of 6,877 cases of

Human trafficking reported in India 3,490 (51%) were children and in this
3,087 (88.5 %) were registered under Section 366-A( Procuration of
Minor Girls to force her into sex) of Indian Penal Code. The data showed
more than 50% of human trafficking cases, minors were the victims and
in that 90% of the girls trafficked werefor the purpose of forcing them into
prostitution.

4.3 National Initiatives for the Combating Trafficking ofWomen

Trafficking of women and children is not a recent issues faced by the
world community this has been in existence from time in immemorial but
the gravity of the crime is felt only recently. Today trafficking of human
beings and especially women and children has reached such an extent that
every country has been affected by this. Thus it has become a global
issue and the countries have come together to curb this menace through
Conventions and legislations. Trafficking of human beings includes men,
women and children but

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the trafficking of women and children are high when compared to men.
Women and children being weaker section of society, they easily become
victims of trafficking. This aspect is taken into consideration by the
nations while drafting the Conventions to suppress the immoral
trafficking. The causes for trafficking, vulnerable sections of society,
various forms of exploitation, who are the traffickers, and the reason for
failure to curb the offence are takeninto consideration and the Convention
is drafted and national laws with respect to above offence is drafted in
compliance with the provisions of the Conventions.

India has shown keen interest in protecting the human rights of its
citizen in its all endeavour. By ratifying the Universal Declaration of
Human rights, International Covenant on Civil and Political Rights,
International Covenant on Economic Social and Cultural Rights,
Convention on Elimination of all kinds of Discrimination Against Women.
It has shown its concern for protection of basic rights of women. India has
incorporated the provisions in these conventions in Indian legislature thus
giving full effect to the rights conferred inthe Convention. Union and State
government has taken initiatives; number of policies drafted and has also
variety of projects and programmes enlisted to curb the menace of human
trafficking.Special powers were conferred on law enforcement authorities,
agencies and NGOs to tackle the problem of trafficking.

4.4 Importance of Rights of Women

Human Rights are considered to be the fundamental rights or naturalrights
which are considered to be inalienable rights. Neither the government nor
the legislature can take away these rights. But women have been an object

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of discrimination, suppression and exploitation for a long time. As the
society is male dominant and follows patriarchal family system position
of women was just a member of the family with no rights but only
obligation of serving the male members. They were denied of basic human
rights such as succession to property, education, marriage dissolution of
marriage etc. This was the major reason for the enactment of Conventions,
legislations, policies, programmes to protect the women from being
exploited.

In Chairman, Railway Board & others v. Mrs. Chandrima Das and

other33 the Supreme Court aptly observed that the InternationalCovenants
and Declarations as adopted by the United Nations have to be respected
by all the signatory states and the meaning given to the words in such
declarations and covenants have to such as would help in effective
implementation of those rights. Chapter 7 of the draft Soviet Constitution
contained “the Basic Rights, Freedoms and Duties of Citizens of the
U.S.S.R”.

Additional protocol of migrant smuggling and human trafficking

especially of women and children 23rd Dec 2003

Object and Scope of this Protocol was to overcome the lacunae in

earlier Trafficking Protocol. All Conventions and Protocols confined the
definition of victims of trafficking to women and children and men were
totally ignored. This Protocol includes men also into the definition of
victims of trafficking.

The State Parties have undertaken to arrange for necessary

preventive measures, protection of victims and offensive against the
criminal core of the business. As for as the victim of trafficking is

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concerned even if consent has been given by him to migrate, the
destination countries is required to offer necessary assistance and help
them integrate into the society. While the country of origin should help in
the reintegration activities for the victims of trafficking returning from
abroad in order protect the victims from being re-trafficked or held in the
destination country. There is also aprovision in the protocol to provide
compensation to the victims of trafficking from the funds confiscated from
the traffickers. Germany,Italy, Japan, Thailand, United Kingdom and the
United States have signed the Protocol but they have not yet ratified
though these countries are ranked as main destination countries in
trafficking. Italy, Belgium and the Netherlands and the United States and
Europehave taken new initiative in changing the immigration law and they
have introduced special residence permits for women without valid papers
if they prove they are the victims of serious forms of exploitation of
trafficking.

4.5 National Framework of Laws for combating trafficking inIndia

a) Constitutional provisions relating to immoral trafficking

The Constitution of India, the fundamental law of the land, forbids

trafficking in persons. Article 23 of the constitution specifically prohibits
“traffic in human beings and beggar and other similar forms of forced
labour”. Other fundamental rights 106 enshrined in the Constitution
relevant to trafficking are Article 14 which providesfor equality before law
and equal protection of law, Article 15 states that there shall be no
discrimination on grounds of religion, race, caste, sex place of birth,
Article 21 guarantees right to life and personal liberty, Article 39(e) gives

106 | P a g e
 a direction as to protection of women and children’s rights and states that
the health and strength of women and also the tender age of children not
be abused and should not be forced to do any work or enter any avocations
which is unsuited to their age and strength due to their economic necessity.
Article 30(f) gives a direction that children should be protected frombeing
exploited and especially the youth should be provided with opportunities
and facilities which would assist them to develop in a healthy and dignified
manner. Article 51 A It imposes a duty on every citizen of India that they
should strive for eradicating the derogatory practices which violates the
dignity of women, anddevelop humanism and practice compassion.34

b) The Suppression of Immoral Traffic in Women and Girls Act,1956.

The concept of human trafficking though it has gained momentum in

recent days, violation of human rights has been in existence in oneor other
form but the magnitude of violation varied. Irrespective of gender, men,
women and children were subjected to serious forms of exploitation and
the vulnerable section of society never raised anyobjections nor revolted
against cruel inhumane and degrading treatment inflicted on them. People
from weaker section of society became easy prey to the trap laid by the
offenders or criminals and they suffer in their hands with no means to
escape from their clutches.

One of serious issue which has developed into international level is the
trafficking of women for exploitation. As there is huge demand for women
in the market the traffickers in order to meet the supply request, are
adopting various unlawful means to lure the innocent women and they are
sold at a price prevailing in the market.

34. 9 Jain M.P, ‘Indian Constitution Law’, (vol 1&2 Wadhwa &Co.,Nagpur,2003)

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In India women and children were found to become victims of trafficking
as they are unaware of their rights, as they are especiallyfrom economically
and socially deprived section of the society, thesefactors is major cause for
increasing in the rate of trafficking. India has become an origin, transit and
destination country and also is ranked along with other nations in the major
trafficking effected countries in the world list as to number of women and
children being trafficked in a year. India ratified the International
Convention on Prevention of traffic in human beings and exploitation of
prostituteson 9th May 1950, at New York. In order to effectively combat
trafficking of women India came out with a legislation incorporating the
provisions in the above Convention, this Convention was named as The
Suppression of Immoral Traffic in Women and Girls Act, 1956.

This Act aimed to rescue the exploited women and girls, to prevent
deterioration of public morals and to eradicate the evil profession which
was rampant in India that is prostitution existed in most parts of the
country. Women and girls were forced to take up this profession by the
threat of the traffickers. Prostitution is also considered as the violation of
basic human rights of women and girlsand it amounted to trafficking which
is punishable under this Act.People from weaker section of society became
easy prey to the trap laid by the offenders or criminals and they suffer in
their handswith no means to escape from their clutches.

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The Transplantation of Human Organs Act, 1994

According to the UN Committee on Economic, Social and Cultural Rights

states that “the realization for the right to health may be pursued through
numerous, complementary approaches, such as the formulation of health
policies, or the implementation of healthprograms developed by the World
Health Organization (WHO) or the adoption of specific legal
instruments.35

Article 12 of the Convention on Economic, Social and Cultural Rights,

1966, imposes an obligation on the signatory states to identify the violation
of the right to health. Violation may occur dueto failure on part of the states
to take necessary legal steps against the offenders, or action of third parties
like traffickers who are not regulated by the state which would result in
organ-trafficking mafia. As the vulnerable sections are unaware of the
dangers of organ transplantation operations and legal remedies available it
becomes very difficult to check this menace.

In the recent times there has been a great demand for organs the main
reason is development in medical technology and also many people suffer
from organ failure due to their health and food habits. This has resulted in
trafficking of innocent people for trading their organs, the vulnerable
sections of society easily fall prey to the traplaid by the traffickers (Organ
Traders). In order to check the illegal

The main objectives of the Transplantation of Human Organs Act1994

are:

i) To provide for the regulation of removal, storage and

transplantation of human organs for therapeutic purposes
35. General Comment No. 14 (2000), UN Committee on Economic, Social and Cultural Rights, para 1.

109 | P a g e
ii) To prevent commercial dealings in human organs The Act also
provides for the regulations and registration of hospitals engaged in
removal, storage and transplantation of human organs. 21General
Comment No. 14 (2000), UN Committee on Economic, Social and
Cultural Rights.
The Act also provides for the regulations and registration of hospitals
engaged in removal, storage and transplantation of human organs.

Justice Verma Commission Report

A three member Committee headed by Justice J.S.Verma, former Chief

Justice of the Supreme Court, was constituted on December 23, 2012 to
recommend amendments to the Criminal Law so as to provide for quicker
trial and enhanced punishment for criminals accused of committing sexual
assault against women. The Committee recommendations on laws related
to rape, sexual harassment, trafficking, and child sexual abuse, medical
examinationof victims, police, electoral and educational reforms. On the
basis ofrecommendations made by this committee amendment of Indian
Penal Code was carried out, Criminal Law (Amendment) 2013 has added
Section 370 A to protect the victims of trafficking from exploitation which
states;

1. Whoever, knowingly or having reason believe that a minor has been

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

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2. Whoever, knowingly by or having reason to believe that a person
has been trafficked, engages such person for sexual exploitation in
any manner, shall be punished with rigorous imprisonment for a term
which shall not be less than three years, but which may extend to
five years, and shall also liable to fine.36

The Verma Committee also made recommendation of issues of trafficking

stating that the Immoral trafficking Prevention Act, 1956failed to provide
a comprehensive definition to the term

‘Trafficking’ as it has confined its definition only to prostitution and it

criminalized trafficking for the purpose of prostitution. It recommended
for amendment of the provision of the IPC on slavery to criminalize
trafficking by threat, force or inducement. It also recommended
criminalizing employment of a trafficked person. Thejuvenile and women
protective homes should be placed under the legal guardianship of High
Courts and steps should be taken to re- integrate the victims into society.
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill
2016

Indian Government has taken another step forward to check the trafficking
of human beings as the magnitude of the offence is increasing rapidly in
spite of various laws programmed and policies have been initiated by
government. Trafficking of Persons (Prevention, Protection and
Rehabilitation) Bill 2016 has been drafted keeping the objectives of
Article 23 of the Indian Constitution which prohibits trafficking of human
beings and beggarand other similar forms of forced labour.

36. Justice Verma Commission Report, January 23, 2013

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The Bill also emphasis on importance of Article 21 of the Indian
Constitution which guaranteesRight to life and Personal liberty to citizens
of India. While draftingthe Bill the provisions of the UN Charter and other
Conventions which India has ratified and has an obligation to incorporate
in theirnational laws are also taken into consideration, Like the Immoral
Trafficking of Persons Act,1956, this Bill also recognizes that trafficking
of persons needs to be prohibited and victims need care, protection and
rehabilitation.

Section 2(a) of this Bill restricts the definition of “after care” to a victim
who has been institutionalized in a special home as defined under Section
2(1). In case of victims of trafficking who runs away, escapes or rescues
herself by her own agency from the traffickers and also those victims who
have been rescued but they have not opted to stay in the special home who
was later re-trafficked and again rescued will not be entitled to the
protection under the above mentioned Sections. The Bill empowers the
District Anti TraffickingCommittee to decide as to the duration of stay of
the rescued victimsof trafficking. Such discretionary powers may lead to
forced stay forthe victims if the victims are not interested in continuing to
stay in the ‘after care’.

Justice Verma Committee in its report had proposed for amendment to

Criminal Law and also suggested the changes in the definition of
trafficking of a person to be incorporated in Section 370 of the IndianPenal
Code. Sec 1 of the said definition of Committee states (1) Whoever, for
the purpose of exploitation, a) recruits, b) transports,

112 | P a g e
c) transfers or e) receives, a person or persons by Firstly, by using
threats, or Secondly, by Using force, or any other form of coercion. or
Thirdly, by abduction or 113 Fourthly, by practicing fraud, or deception
or Fifthly, by abuse ofpower, or
Sixthly, 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, harbored, transferred or received,
commits the offence of trafficking.

Justice Verma Committee has included in its definition to the term

“exploitation” prostitution, or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude, or the
forced removal of organs. As far as the consent of the victims is concerned
it clearly states it’s immaterial to determinethe offence of trafficking. But
Section 370 of Indian Penal Code notincluded the term “forced Labour or
services37”.

Drawbacks of this Bill – It fails to give accurate definition to terms like

Protection, Prevention and Rehabilitation which is considered to be the
objectives of this Bill. What are the Protections to be affordedto the victims
of trafficking, What are the preventive steps to be taken by the law
enforcement authorities, and the government, what are the measures and
modes to be adopted to rehabilitate the victims of trafficking to prevent
them from being re-trafficked are totally absent in this Bill which is most
important to give life to this Bill to become an effective enactments. The
bill provides for rehabilitationof victims of trafficking which may be long
term or short term stay in shelter homes provided by the State government
but the difficulties is ascertaining the what type of rehabilitations to be
provided and also whether the victims will be confident enough to
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continue in the after care homes as there is all possibilities that the victims
will be under an apprehension as to their security in that shelter homes.
This may lead to victims turning hostile and negligence on the part of the
law enforcement authorities in taking appropriate measure in protecting
the interest of victims will result in offenders even though taken into
custody by the legal authorities conviction of the traffickers becomes
difficult in those circumstances.The Bill has completely failed to address
the trafficking of persons from abroad to India (importation of persons
from foreign country). Concept of “organized crime” not addressed at all
in the Bill which is a serious concern at present. The Bill has failed to
define the mostimportant concept “Trafficking” and what are the offences
which can be brought under its definition. All the laws relating to
trafficking so far concentrates on only one offence of trafficking that is
traffickingof women for sexual exploitation and completely ignoring other
offences like organ transplantation, domestic servitude, forced labour,
debt bondage, illegal adoption, forced marriage etc. This ambiguity may
lead to mis-interpretation of the law and intention ofthe legislature will fail
miserably and would result in causing harm to victims of trafficking
especially women instead of extending protection to her life and security.

114 | P a g e
 CHAPTER 5.

Institutional Mechanisms

5.1 The National Commission for Women (NCW)

The framers of the Indian Constitution were well aware that the
women in this country were not enjoying rights equal to those of men.That
is the reason they had incorporated Article 14 which proclaims the
principles of equality before law or equal protection of laws within the
territory of India. Article 15 which deals with prohibition of discrimination
on grounds of race, religion, caste, sex or place of birth also provides in its
clause (3) that nothing in this article shall prevent the State from making
special provision for women and children. Besides this Article 39 lays
down certain principles to be followed by the state which provides : The
State shall, in particular direct its policy toward securing: a) that the
citizens, men and women equally, have the right to an adequate means of
livelihood ; b) that there is equal pay for equal work for both men and
women, c) that the health and strength of worker men and women, and the
tender age of children are not abused and the citizen are not forced by
economic necessity to enter avocations unsuited to their age or

These provisions were far from satisfactory and failed to bring about
the desired results. This was the reason to remedy the existing situation
and to improve the conditions of women; the Parliament enacted the
National Commission for Women Act, 1990. To enforcethe provisions in
the Act the National Commission for Women (NCW) was constituted on

35. Dr.J.N.Pandey, Constitutional Law of India, ( ed,22nd ,Central Law Agency,

Allahabad,1991)

115 | P a g e
 31st January,1992 as a statutory body at the national level, to
safeguard the interests of women it has the powers to investigate and
examine the legal safeguards provided forwomen under the Constitution
and other laws; review the existing provisions the Constitution and other
laws affecting women and recommend amendments to meet any lacunae,
inadequacies or shortcomings in such laws; look into complaints and take
suo motu notice of matters relating to deprivation of women’s rights and
takeup the issues with appropriate authorities; take up studies/research on
issues of relevance to women; and participate and advise in theplanning
process for socio-economic development of women.

5.2 National Human Rights Commission (NHRC)

India in order to provide redressal to victims of human rights violations

established, National Human Rights Commission under Protection of
Human Rights Act, 1993. According to Section 2(1) (d) of the Human
Rights Protection Act, 1993 defines human rights means the rights relating
to life, liberty, equality and dignity of the individual guaranteed by the
Constitution or embodied in the International Covenants and enforceable
by courts in India. Indian Constitution is based on the protection of human
rights it imposes a duty on the State to protect the citizen from any
violations. It has rendered signal service in the areas of rights of women,
custodial death, and rape in Police custody. It prepares short films to
spread awareness among the people with respect to human rights violation
issues like trafficking of women and children, child labour and female

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 foeticide. Human rights Act has provided for establishment of Human
rights Court in each district in the State.

National Human Rights Commission Women Helpline has been

established with state level toll free number such as 181 which would be
made universal for providing 24 hour immediate and emergencyresponse
to women affected by violence including rescue, information, counseling
and referral services to any woman in distress across the country.

5.3 The National Crime Records Bureau (NCRB)

It was established in 1986 and is the central agency responsible for the
maintenance of crime-related records at the national level. The NCRB
receives information from the various State Crime Records Bureau and
other relevant agencies. The information is complied, analyzed and
published in the form of annual reports

c) Central Advisory Committee (CAC) for Preventing and Combating

Trafficking of Women and Children for Commercial Sexual Exploitation
The Ministry of Women and Child

Dr.J.N.Pandey, Constitutional Law of India, ( ed,22nd , Central Law

Agency, Allahabad,1991)

Development has constituted a Central Advisory Committee (CAC) which

functions under the Chairpersonship of Secretary, MWCD, and
Government of India. The committees consists of representatives from the
Central Ministries such as Home Affairs, External Affairs, Tourism,
Health and Family Welfare, Social Justice and Empowerment, Law and

117 | P a g e
Justice, State Governments, autonomous bodies such as the National
Human Rights Commission, National Commission for Women, Central
Social Welfare Board, National Institute for Public Corporation and Child
Development, Law Enforcement Agencies such as National Crime Records
Bureau, Border Security Force, Intelligence Bureau and Central Bureau of
Investigation, international agencies such as United Nations Children’s
Fund (UNICEF), UNIFEM and UNODC and the reputed Non-
Governmental Organizations (NGOs) and experts. The CAC meets every
quarter to discuss major issues and strategies for preventing and combating
trafficking of women and children.

Comprehensive Scheme for Combating Trafficking (Ujjawala)

Ujjawala had proposed 30 projects for approval to combat trafficking of
women for the year 2013-2014 and they have got 47 projectssanctioned
including 32 rehabilitative homes have been approved .For 2014-2015
request for grant of funds for the existing projectwere released and new
projects are yet to be approved. This statisticsshows that government has
taken initiative to encourage theorganization working for women who
have become victims due to various reasons. Number of projects
sanctioned and rehabilitativehomes is reasonably sufficient to provide
shelter to the destitutewomen. The actual scenario of these shelter homes
were found to bein a deplorable conditions during empirical
research, the government’s duty does not end with the
sanctioning of projects,grants and rehabilitative homes it has to appoint
some authorities to supervise the functioning and maintenance of these
shelter homes.

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g. Integrated Child Protection Scheme (ICPS)

ICPS was launched in 2010-11 with objective of providing a safe and

secure environment in the State for comprehensive development of
children who are in need of care and protection as wellas children in
conflict with the law. ICPS provides preventive and statutory care and
rehabilitation services to any vulnerable families and families at risk,
children of socially excluded groups like migrant families subjected or
affected by discrimination and minorities, children infected and /or
affected by HIV/AIDS, orphans, child drug abusers, children of substance
abusers, child beggars, trafficked or sexually exploited children, children
of prisoners, and street working children.For the current financial year, an
expenditure of Rs. 3855.22 lakh has been incurred out of an allocation of
Rs.7000 lakh. A budgetary provision of Rs.402.23 crore including.40
crore for North Eastern Areas has been allotted during 2015-16.

Ministry of Women and Child in May 2008 launched a ‘Think Tank’

programme. The object of this is to develop short, medium and longterm
strategy to prevent trafficking of human beings. It will explore the
possibility of training and skill building of self-help groups and women in
vulnerable areas. The members of this ‘Think Tank’ include ministers such
as Home, Labour, Commerce, Corporate Bodies such as CII, Assocham,
FICCI and special representatives from apparel and garment industry,
tourism and international organizations. Thus it enables corporate sector
under public private partnership to play greater role in preventing and
combating trafficking by supplementing and complementing
Government’sefforts.39

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5.4 The government scheme

The Government has sanctioned amounts under various schemes launched

by the government for protection of women who are considered as
vulnerable sections of the society. The following are the plan, schemes,
expenditure incurred and budget estimates for

1. Rajiv Gandhi Scheme for Empowerment of Adolescent Girl(SABLA)

The term “Adolescence” literally means “to emerge” or “achieve

identity”. It is a significant phase of transition from childhood to
adulthood. A universally accepted definition of the concept of
adolescence has not been established, but WHO has defined it in terms
of age spanning between 10 to19 years. In India, the legal age of
marriage is 18 years for girls and 21 years for boys. There is a high
correlation between the age at marriage, fertility management and
family health with education. Having regard to this and other
considerations, for the purpose of this scheme, the girls in the age group
between 11 to 18 years will be considered in the category of adolescent
girls.

Objective of the SABLA Scheme

● Enable the Adolescent girls for self-development andempowerment.

● Improve their nutrition and health status.
● Promote awareness about health, hygiene, nutrition, adolescent
reproductive and sexual health (ARSH) and family and child care.

38 Press Information Bureau 2008 2014-2015 and expenditure incurred for 2014-2015

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● Upgrade home-based skills, life skills and integrate with the National
Skill Development Program (NSDP) for vocational skills.
● Mainstream out of school adolescent girls into formal/non formal
education.

expenditure shown for the year 2013-2014 was Rs. 602, 45 crores, budget
estimate sought for 2014-2015 was Rs.700 crores but amountgranted was
Rs.630 crores, and expenditure shown for the same year was Rs.570.87
crores, and budget estimate sought for 2015-2016 was Rs.75.50 crores.

2. National Commission for Women (NCW)

The Commission has established an Anti-Human Trafficking Cellon
2nd April, 2022 to improve effectiveness in tackling cases of human
trafficking, raising awareness amongst stakeholders, capacitybuilding
and training of Anti Trafficking Units and to strengthen & sensitize
law enforcement machineries.
Given the evolving needs of women in the country, the Commissionhas
been broadening its scope by taking various initiatives to empower
and impress needs of women in different aspects.
● She is a Change maker programme aims to train women in politics
at different levels to sustain strong and vibrant democracies.
● NCW-IIM collaborative online training program Empowering
Women through Entrepreneurship for women entrepreneurs to scale
up their business ideas.

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● Capacity building and gender sensitization of police officers,
Protection Officers and other concerned officers to ensure gender
sensitivity and equality

expenditure shown for the year 2013-2014 was Rs.13.00 crores, budget
estimate sought for 2014-2015 was Rs.15 crores, but amountgranted was
Rs.24 crores, and expenditure shown for the same year was Rs.12.70
crores and budget estimate sought for 2015-2016 wasRs.20 crores

3. Swadhar Greh for female in every district

Under the Scheme, Swadhar Greh will be set up in every districtwith

capacity of 30 women with the following objectives:
● To cater to the primary need of shelter, food, clothing, medical
treatment and care of the women in distress and who are withoutany
social and economic support.

● To enable them to regain their emotional strength that gets

hampered due to their encounter with unfortunate circumstances.
● To provide them with legal aid and guidance to enable them to take
steps for their readjustment in family/society.
● To rehabilitate them economically and emotionally.

● To act as a support system that understands and meets various

requirements of women in distress.
● To enable them to start their life afresh with dignity and conviction.
shown for the year 2013-2014 was Rs.53.98, budget estimate sought
for 2014-2015 was Rs.115 crores, but amount granted was Rs.30
crores, and expenditure shown for the same year was Rs.17.53 crores,

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 and budget estimate sought for 2015-2016 was Rs.54 crores.

4. Comprehensive Scheme for Combating Trafficking

expenditure shown for the year 2013-2014 was Rs.15.98 crores, budget
estimate sought for 2014-2015 was Rs.16 crores, but amount granted
was Rs.12.50 crores and expenditure shown for the same year was
Rs.7.53 crores, and budget estimate sought for 2015-2016 was Rs.20
crores,

5. Women’s Helpline

expenditure shown for the year 2013-2014 was Rs.0 (NIL),budget

estimate sought for 2014-2015 was Rs.10 crores, but amount grantedwas
Rs.0 (NIL) and expenditure shown for the same year was Rs.0 (NIL),
and budget estimate sought for 2015-2016 was Rs.28 crores.
Government has sanctioned number of schemes for upliftment of
women in India and also for its successful functioning reasonable funds
is allotted.

6. Protective Homes

Protective home have been established by the government under

Section 21 of ITPA for girls/women detained under this Act and alsofor
those who seek protection frombeing forced into Commercial Sexual
Exploitation (CSE).The Government of India also runs an extensive
network of more than 351 short stay homes.

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7. The Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA), 2015 covers the entire country with the exception of
districts that have a hundred percent urban population. In every
financial year every adult member of rural household is guaranteed one
hundred days of employment if they are willing to do unskilled manual
work at the statutory minimum wages. The objectives of thisAct is to
improve the status of rural people living below poverty line and also to
bridge the gap between the rich and the poor, it also insists on that one-
third of the stipulated work force must be women.The most important
aspects is that rural women are also given an opportunity in this Act to
improve their financial status and thus the chances of women being
driven by the traffickers promise of lucrative job in urban areas can be
checked to some extent. The Ministry of Rural Development,
Government of India is monitoring the entire implementation of this
scheme in association with state governments, will sure benefit the
people in rural areas, as the concerned State Government has an
obligation to implement and report back to the Ministry. The Act offers
an incentive to the Statesfor providing employment, as Rs.100 per wage
cost is borne by the Centre on default committed by the State in its
duties they are liableto bear the double indemnity of unemployment and
the cost of unemployment allowance.

8. Trafficking Police Officers

The Department of Women and Child Development (DWCD) issueda

notification on 28th August 2001, appointing the officers above therank
of inspector of police in the Central Bureau of Investigation (CBI) as
“Trafficking Police Officers” with powers and functions inthe whole of

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 India. This notification empowers the CBI to investigate trafficking
cases.

9. Action Research on Trafficking in Women and Children

It was initiated by NHRC, UNIFEM and the Institute of Social Sciences

(ISS), New Delhi. The main object was to conduct research to collect
data on the magnitude of trafficking in the country. This was done in
co-operation with State agencies, police, victims of trafficking and the
social scientists. Data collected was to create awareness among the
people regarding magnitude of trafficking and also to highlight the
vulnerable sections of Society.

4.3 . Enforcement Machineries of human trafficking legislations

Ministry of Home Affairs is responsible for ensuring the enforcement of

the various legislations and conventions related to the criminal activity of
trafficking, ‘Police’ and ‘Public Order’ . All these machinery are held
responsible for the enforcement of regulations formed by government.

a. Integrated Anti-Human Trafficking (IAHTU’s),

United Nations Office on Drugs and Crime (UNODC) facilitated setting
up Special Task forces involving the primary responders, who need to
work together in addressing the issues of human trafficking. The
Integrated Anti-Human Trafficking (IAHTU’s) is a special unit set up
within the existing police machinery to deal with crimes of human
trafficking in a holistic manner. Each state has designated nodal police
officers who act as the point persons on theissues of human trafficking. In
2007, some states set up Anti-HumanTrafficking Units (AHTUs). These
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units, consisting of an integrated team of approximately seven persons
including police officers, NGOpersonnel and counselors, are designated to
respond to crimes relatedto human trafficking.

Fund Allocation

In 2008-2009, the government allocated $18 million to the Ministry of

Home Affairs to create 297 Anti Human trafficking Units across the nation
to train and sensitize law enforcement officials.40 According to claims by
the Home Minister, the Ministry of Home Affairs has also sanctioned a
comprehensive scheme strengthening law enforcement responses in India
against trafficking in Persons” focusing on training and capacity building,
wherein it proposes to establish 332 Anti Human trafficking Units
throughout the country.

41 Human trafficking is the third largest organized crime after drugs and
the arms trade across the globe. India is a major destinationas well as source
of human trafficking.

It was found during survey at the end of year 2016 that out of 600
Integrated Anti-Human Trafficking units (IAHTU’s), established in

various districts in the country, only 226 were properly functioning. After
25th April 2015 earthquake in Nepal IAHTU’s were created orre-activated
in Uttarkhand and U.P.

39 Trafficking in Persons Report 2009, U.S. Department of State

40 UNODC Interview with Mr. G.K. Pillai, Union Home Secretary, Government of India on
significance of the UnitedNations Convention against Transnational Organized Crime
(UNTOC) to address human trafficking, 2011

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b. Anti Trafficking Nodal Cell State Program.
Anti-Trafficking Nodal Cell has been set up in Ministry of Home Affairs
(MHA) to act as a focal point in 2006. All States have been appointed with
Anti Trafficking Nodal Officers who would communicate and work hand
in hand with the Central Government.This has been done through the Anti-
Trafficking Nodal Cell State Program. UNODC in collaboration with the
Ministry of HomeAffairs, Government of India and the Border Security
Force (BSF) organized a “National level Training workshops for border
control officers, front line officers and other relevant actors in victim’s
identification and referred for appropriate treatment and re- integration of
trafficked survivors.”This Cell is to coordinate, network and provide
feedback to the State Governments and other concerned agencies on a
sustained and continuous basis so as to prevent and combat trafficking in
human beings. This Cell has also been made responsible to document ‘best
practices’ in preventing and combating trafficking in human beings as well
as share data inputs with other stakeholders. In order to review the overall
status of trafficking in the country, the Cell proposes to convene regular
meetings every quarter with all stakeholders.42 Immoral Traffic
(Prevention) Amendment Bill, 2006

The Immoral Traffic Prevention Amendment Bill, 2006 is a revisedversion

of the Immoral Traffic Prevention Act, 1986. Given below are the
important points of the Amendment bill:

● The Bill deletes provisions that penalized prostitutes for soliciting

clients. It penalizes any person visiting a brothel for the purpose of
sexual exploitation of trafficked victims

● All offences listed in the Bill would be tried in camera, i.e., thepublic
would be excluded from attending the trial
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 ● This Bill punishes trafficking for the purpose of prostitution.
Trafficking for other purposes (such as bonded labor and domestic
work) are not covered by the Bill

● The Bill constitutes authorities at the center and state level to combat
trafficking. However, it does not elaborate on the role, function and
composition of these authorities
● Initiatives to combat trafficking of Women and Children

● Apart from the Immoral Trafficking (Prevention) Act, various other

initiatives have been taken up by the Government and other
concerned authorities. Discussed below are the same:

● National Plan of Action to Combat Trafficking and Commercial

Sexual Exploitation of Women and Children 1998 was formulated

● Ministry of Home Affairs has set up a dedicated cell for prevention of

trafficking

● The Ministry of Women and Child Development (MWCD) along

with the Ministry of External Affairs has endeavored to create special
task forces to combat cross border trafficking

● The MWCD in collaboration with NIPCCD and UNICEF has

developed three manuals for ‘Judicial Handbook on combating
Trafficking of women and Children for Commercial Sexual
Exploitation’

c. Ministry of Overseas Indian Affairs Protection of Emigrants It protects the

interest of emigrant Indian workers, promote legalmigration and protect
the migrant worker from exploitation by private recruiting agents and
foreign employers. It was found that women are recruited for household
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service abroad and they are subjected to various kinds of exploitation. In
order to check this the Ministry has issued detailed guidelines, which
includes a minimum age of 30 years, for women to be recruited for
household service abroad, employment contract to be drawn between the
worker and the employer, prescribed minimum wages and pre-paid mobile
facility to be provided by the employer, to each Household Service
Worker. The Ministry has proposed amendments to the Emigration Act,
1983 for strengthening

legislative framework to prevent exploitation of emigrants, including

women emigrants. The Ministry is also proposing to formulate a

National Plan on International Migration, revamp the existing recruitment

system, introduce e-governance and is also finalizing a bi-lateral
Memorandum of Understanding (MoU) on labour deployment issues with
major labour receiving countries.

A compulsory Insurance Scheme to protect the emigrant worker Called as

“Pravasi Bharatiya Bima Yojana” (Overseas Indian Insurance Scheme)
has been introduced by the Ministry of OverseasIndian Affairs, it has also
requested the Indian missions to set up shelter homes for runaway or
rescued women so as to provide temporary accommodations to Household
Service Workers until they are repatriated back to India.

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d. South Asian Association for Regional Cooperation (SAARC)

India has ratified the South Asian Association for Regional Cooperation
(SAARC) Convention on Preventing and Combating Trafficking in
Women and Children for Prostitution, 2002 and the SAARC Convention
on Regional Arrangements for the Promotion of Child Welfare, 2002 in
South Asia. India has taken the leadership role amongst the SAARC
countries with regard to SAARC Convention on ‘Preventing and
Combating Trafficking of Women and Children in Prostitution.’ The
deliberation among the SAARC countries has resulted in setting up a
common helpline number, adoption of Standard Operating Procedures
(SOPs) and enhancing and up-gradation of regional training and capacity.

On September 2015 government had taken serious action against the

government social welfare officers and 2 superintendents who were
working at a shelter home for women in Delhi who were suspended on the
ground for dereliction of duty and mismanagement and it wasfound that the
conditions in the shelter home were unhygienic and lacked clean water and
adequate food.

to testify by video or behind a screen, it completely prohibits access to

media and public, it also prohibits any irrelevant and potentially harmful
question being asked to victims.

In Feb 2016, a Bangladeshi trafficking victim gave testimony via video

conference from Dhaka; this was the first time a deposition was given via
live-video in a cross- border trafficking case.54 May 2015, MWCD and
Ministry of Railway signed an MOU with and NGO for the protection of
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unaccompanied Children at Railway station. 20 Railway station hosted
NGO staff to provide immediate support to unaccompanied children, who
may be missing, abandoned, or run away are vulnerable to exploitation,
incidents of trafficking. November 2015 MCWD and Railway Ministry
launched a project to supply posters to railway station advising the public
to call the national child line hotline if they encounter
anunaccompanied child.

The drawback of this project is it has confined its tracing of childrenwho

are unaccompanied but in trafficking cases the traffickers are always found
with the victim unless they are disposed of at the destination
point.Ministry of Overseas Indian Affairs (MOIA) merged with the
Ministry of External Affairs to increase the government’s ability to
monitor the welfare of Indian Migrant Workers abroad. MOIA launched
e-Migrate, an online system for registering foreign recruitment agencies,
and registered over 20,000 domestic agents in India and 7,000 foreign
agencies. It continued to administer a welfare fund in 43 Indian Mission
globally and provides shelter to migrants in distress in several countries in
Middle East. Rescued bonded labourers are provided with ‘release
certificate which would help them to obtain government funded
compensation and services. But the rescued bonded labourres are not able
to get the benefit of this scheme as there is undue delay is issuance of the
certificate due to lack of coordination between government and NGO.

Other Steps Taken by India

 Anti-Trafficking Nodal Cell was set up in the Ministry of Home

Affairs (MHA) in 2006 to act as a focal point for communicating

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 various decisions and follow up on action taken by the State
Governments to combat the crime of Human Trafficking.

 Anti Human Trafficking Unit (AHTU): The Ministry of Home

Affairs under a Comprehensive Scheme ‘Strengthening Law
Enforcement Response in India against Trafficking in Persons’
(2010) has released fund for establishment of AHTU for many
districts of the country.

The primary role of an Anti Human Trafficking Unit (AHTU) is law

enforcement and liaising with other concerned agencies for care &
rehabilitation of victims.

 UN Convention: India has ratified (in 2011) United Nations

Convention on Transnational Organised Crime (UNCTOC)

 which among others has a Protocol to Prevent, Suppress and Punish

Trafficking in Persons, especially Women and Children.

 SAARC Convention: India has ratified the SAARC Convention on

Preventing and Combating Trafficking in Women and Children for
Prostitution.

 Bilateral Mechanism: A Memorandum of Understanding (MoU)

between India and Bangladesh for Prevention of

 Human Trafficking in Women and Children, Rescue, Recovery,

Repatriation and Re-integration of Victims of Trafficking was signed
in June, 2015.

 Judicial Colloquium: These are held at the High court level.

132 | P a g e
The aim is to sensitize the judicial officers about the various issues
concerning human trafficking and to ensure speedy court process.

 Capacity Building: Various Training of Trainers (TOT) workshops

on ‘Combating Trafficking in Human Beings’ for Police officers and
for Prosecutors at Regional level, State level and District level have
been organized by the government throughout the country.
Human trafficking is a multi-dimensional problem. There is not only
significant rise in trafficking but also increase in its magnitude. The
literature on trafficking carries conflicting layers of understanding
with trafficking equated with prostitution and migration. Any reliable
statistical information is absent in terms of quantification of almost
any aspect of trafficking, from the number of people trafficked to the
amount of money earned but it is estimated by UNICEF that it is
around 5 to 10 billion dollars earned per year by traffickers. The
problem of human trafficking, particularly in womenand children has
emerged as grave social issue which is one of the most serious
affronts to the dignity and human rights of them. It is a gross
commercialization and commodification of innocent human lives.
The Indian government’s Ministry of Women and Child
Development estimated the number of persons trafficked for
commercial sexual exploitation in India to be around 2.8 billion and
about three million prostitutes in the country. It is said to be
‘acquiring grave dimensions worldwide in the recent context of
globalisation’. Also, there is rise in the ‘global sophistication,
complexity and consolidation of trafficking networks’ which is said
to having diverse and sophisticated mechanisms.

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 Various provisions in the IPC as amended in 2013 can also be
invoked against the traffickers, procurers and exploiters of children.
Various provisions in the ITPA can be invoked for the exploitation of
minors for profit. However, there is a need for more vigorous
implementation of these laws. The inconsistencies in some of the
provisions in these laws should be ironed out. The special courts set
up under some of these laws should complete the trial in a time
bound manner so that the laws have a deterrent effect. Also, due to
the transnational dimension to the problem of child sex tourism, it is
imperative to have legal measures in place for extra territorial
operation of these laws. There is a need to involve the tourism
industry in evolving policies and procedures against sexual
exploitation of children and in spreading awareness about child sex
tourism.
Their employees should be made aware of children’srights and the
manner of reporting suspected cases. There is a need to involve all
stakeholders- the family, the community, civil society, the tourism
industry and the law enforcement agencies to fight the scourge of
child sex tourism.

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A Case Study in Trafficking of Children and WomenIntroduction

According to a recent survey women are bought and sold with impunity
and trafficked at will to other countries from different parts of India. These
girls and women are sourced from Dindigal, Madurai,Tiruchirapalli, and
Chengalpattu in TamilNadu, Gaya, Kishanganj, Patna, Katihar, Purnea,
Araria and Madhubani from Bihar, Murshidabad and 24 Parganas in West
Bengal, Maharajgunj from UP, Dholpur, Alwar, Tonk from Rajasthan,
Mangalore, and Gulbarga and Raichur from Karnataka. These women and
girls are supplied to Thailand, Kenya, South Africa and Middle East
countries like Bahrin, Dubai, Oman, Britain, South Korea and Philippines.

In terms of cases registered under Section 370A of the IPC (exploitation

of trafficked persons), Andhra Pradesh leads in the country with 47
incidents and 69 victim There was a 27.7% hike in recorded human
trafficking incidents in the country with 2,189 such cases registered last
year, compared to 1,714 in 2020, reveals the National Crime Records
Bureau (NCRB) data for the year 2021. A total of 6,533 individuals have
been reported to have been traffickedlast year, of whom 2,877 (44%) are
children. Up to 5,755 persons were arrested in 2,189 cases of trafficking,
as per the report.

Maharashtra has the highest number of cases registered under Section 370
of the Indian Penal Code (IPC) (buying or disposing of any person as a
slave) in the country, with 260 incidents of trafficking and 531 victims.
The national total is at 1,219 incidents and 2,759 victims. Among the five
southern states, Telangana logged the highest number of such cases, with
123 incidents of trafficking and 221 victims. Ten of the incidents were

135 | P a g e
reported in Hyderabad. Tamil Nadu, as per the data, has the least number
of incidents (15) and number of victims (19).

Under IPC Section 336B (importation of girls from a foreign country),

only Telangana and West Bengal have registered one incident each,
according to the NCRB data.

They are forced to work as sex workers undergoing severe exploitation

and abuse. These women are the most vulnerable group in contracting HIV
infection. Due to unrelenting poverty and lack of unemployment
opportunities there is an increase in the voluntary entry of women into sex
work. Trafficking both for commercial sexual exploitation and for non-sex
based exploitation is a transnational and complex challenge as it is an
organized criminal activity, an extreme form of human rights violation and
anissue of economic empowerment and social justice.

The trafficking of women and children causes untold miseries as it violates

the rights and dignity of the individual in several ways. It violates the
individual's rights to life, dignity, security, privacy, health, education and
redressal of grievances.

An extremely disturbing news that will put any civilised society to shame
has surfaced from Bhilwara in Rajasthan, where minor girlswere auctioned
off to settle disputes over loan repayments.

According to local media reports, whenever there is a dispute between the

two parties particularly involving financial transactionsand loans etc, the
girls aged between 8-18 are auctioned to recover money.

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A total of 1,555 cases of missing children were reported in Rajasthan
between January-July 2020.In 85% cases, missing children were girls. In
absolute numbers 1,323 girls went missingin the first six months of 2020,
revealed a status report by Child Rights and You (CRY) on situation of
missing children during Covid-19 pandemic.

In its status report ‘Covid and Missing Childhood’, CRY has analysed data
accessed from Rajasthan police and ministry of women and child
development (MCWD). The survey was conducted for World Day Against
Trafficking in Person which revealed that in Rajasthan on an average five
children were reported missing per day between Jan-July 2020, out of
which fourwere girls. Rajasthan was among the five northern states from
which CRY drew the inferences including Delhi, Uttar Pradesh, Madhya
Pradesh and Haryana.

Both primary and secondary data were used in the status report to analyse
the status of missing children during Covid-19. Secondary data were
accessed through the National Crime Record

Bureau (NCRB) Annual Report ‘Crime in India’ (2015-2019) to

understand the trends of previous years.

Explaining the relevance of the status report, Soha Moitra, regional

director, CRY (North), said, “Children who go missing are often an easy
target of human trafficking and the current situation of pandemic has only
made it worse. Implications of pandemic in terms of loss of life and

137 | P a g e
livelihood, rise in school dropouts, child marriages,children orphaned due
to Covid related death of parents/guardians has added to the vulnerability
of children of being trafficked. The data acquired from Rajasthan police
and MWCD suggests extremely concerning trends related to missing
children in the state.”

The number of children trafficked from Rajasthan more than doubled

between 2018 and 2020 (373 to 815).

Data Collected from Non-Governmental Organization (NGOs)

The researcher collected data from NGOs who play a vital role in
trafficking victims rescue, rehabilitation and re-integration operations in
survey. Questionnaire method was adopted to collect data and following
responses was obtained.

a. MITRA SANKETH (STREE JAGRUTI SAMITI)

This organization was established in the year 1982 at Bombay andin

1986 in Bangalore. Their objectives are:

for Emancipation of women,Women’s rights,

138 | P a g e
Women lead a life of dignity and develop leadership qualities

This organization started its work in the area of rescuing child

domestic workers and later came across cases of trafficking of
women, migrant workers who were exploited in different ways and
some of the women/girls who had worked as domestic servants were
murdered by the traffickers. Thus this organization extended its areaof
work on domestic servitude. They have taken the initiative of registering
the names and details of domestic servants in each area and compiling
it. This would help in rescue of the victims in case they have been
subjected to trafficking by informing the police. Thisorganization assists
the police in identification of victims, rescue, rehabilitation and re-
integration of survivors (women) of trafficking.This organization is
working for rescue and rehabilitationof survivors of human trafficking
as the work of reintegration of survivors is taken over by the
Commission for Women and Child. The modus operandi of this
organization is the survivor of traffickingis provided first with medical
assistance if required , trauma assessedthis is on the basis of what kind
of exploitation the survivor was subjected to by the traffickers, the next
step is they provide counselling to ascertain the family details, how they
were trapped into the 192 traffickers network and on completion of this
procedure, if the survivors consents to prosecute the traffickers and
ready to provide with the traffickers details as to their criminal
activities, F.I.R is lodged and free legal service is provided with help
of the court.

The organization finds it difficult to identify the victims of domestic

servitude as there is very little information on this kind of exploitation
as there is no complaint given by the victim and exploitation takes place
139 | P a g e
within the closed doors as the victims are appointed as domestic servants
it does not raise any doubt as to suchkind of commission of offence.

This organization has till date rescued 50 children and Adult

domestic workers. In their working experience they find the following
obstacles in their efficient working. There is no proper co-operation from
the police in rescue operation even though NGOs take the initiative and
effort in identifying the trafficked victims.

Police fail in their duty in not registering FIR on time which in turn
effects the prosecuting the traffickers Court proceedings, though
trafficking cases are referred to Fast Track Court there is undue delay
in the prosecution proceeding. NGO expressed their helplessness by
stating that efforts that have gone into identification of victims and steps
taken to rescue and prosecute the traffickers go in vain as there is no
proper support from the law enforcement authorities. Not all the
survivors of trafficking consent for prosecuting the traffickers but the
survivors who gives consent turn hostile due to above reasons.
According to them only 2 out of 5 given consent to prosecute the
traffickers thisbeing the ratio it is impossible to combat trafficking of
women. Sofar only 2 trafficking cases were filed by the NGO but it
failed because of non-co-operation between police and Commission for
Women and Child. This organization has assisted 7 survivors (women)
of trafficking in prosecution of traffickers.

140 | P a g e
The following initiatives are taken by this NGO to combattrafficking of
women:

Rehabilitation of survivors of trafficking is concerned it was reported

by the NGO that only 90% of them are interested and 10% refuse. The
research found that the effective counselling is the vital step to be taken
for rehabilitation of survivors. In some cases the parents of the survivors
were also counselled to re-unite the survivor with their family.10 women
survivors of trafficking have been rehabilitated by this organization.
Modes adopted by this organization for rehabilitation process is
children (girls) are sent to home constituted by the Juvenile Justice
Board through Commission for Women and Child. Women survivors
are sent to short shelter homes run by the government and they are
trained in various skills like cooking, cleaning task, gardening, quilt
making, embroidery, community college, tailoring training etc they are
paid for their work.3 girls survivor of trafficking was sent to other Old
Age home for re- habilitation. Re-integration this organization has
rescued 10 women and 200 children as domestic workers and
Commission for Women and Child has re-integrated 25 children. This
organization keeps track of the re-integrated survivors of trafficking, by
phone calls or makes them call, or visit their place of residence. So far
thrice they have visited the survivor’s home. 194 Organization has
found that re-integrated survivors have been re-trafficked as they were
not able to get a job or alternate source of income and the family
economic conditions has compelled them to re-enter this vicious circle.
The organization’s endeavor to prosecute the traffickers and get an order
for compensation to survivors of victims miserably failed due to the

141 | P a g e
rules as to prosecution and exact amount to be granted as compensation
is not clear.

Thus from the data collected the inference that can be culled out is there
is serious lacunae in the law enforcement authorities in taking initiatives
in implementing the provision of the Act and lack of interest on part of
government. The data collected as to missing girls and its link to
trafficking of women has led to actual existingscenario as to initiatives
taken by the government, law enforcement authorities and NGO’s
contribution in this endeavor and the lacunaeprevailing in the system.
Police should be properly trained and equipped to deal with trafficking
of women cases, this cases to be sensitively handled.

Traced survivors even if they are willing to prosecute the traffickersthe

trial is not held day to day basis, witnesses cannot be called again and
again as there is no facilities or benefits conferred to him for assisting
the court, as a result they are disinterested in the prosecution
proceedings. There is a wide gap between crimes reported and
unreported trafficking cases. Need of the hour is law enforcement
Literature available on trafficking mainly emphasis on commercial
sexual exploitation which has resulted in not highlighting other major
form of exploitation involved in human trafficking. This has created a
impression in the mind of people that in human traffickingonly women
are vulnerable section of society even though quite a lotof information
are available on trafficking of women and children those facts are not
bought to the limelight.

142 | P a g e
 CONCLUSION AND SUGGESTIONS BRIEFREVIEW
First Chapter deals with introduction about the concept of trafficking,the
status of women in the society and the various kinds of exploitations and
violations of human rights inflicted on them. Women and children have
been subjected to criminal victimization both inside and outside her home
irrespective of the economic status she occupies in the society. In this
chapter trafficking of women which was not considered as a serious
offence so far and now it has become a paramount concern to be solved.

Second chapter deals with historical development which discusses

the status of women from Vedic period till the present scenario. Origin and
development of the practice of trafficking of women is discussed at
different period i.e., Epic period, Dharma sastras period,Mauryan period,
Medieval period, British period and present scenario. In this chapter how
customary practice of dedication of girls to temples and how girls were
considered as movable propertyand transferred from one owner to other is
presented in detail. Britishgovernment had enacted various legislations to
check trafficking of women and also for the first time the necessity to
rescue minor girlswas taken into consideration and also the importance of
suitable shelter homes for them was taken as prime concern.

Third chapter deals with the magnitude of human trafficking this has
become a national issue in country. The present scenario is every country
in the world is affected of human trafficking regardless of socio economic
status or political structure. Traffickers have created an International
market for trading human being and world statistic states that trafficking
business has been ranked as second most profitable business. As the

143 | P a g e
network of traffickers is difficult to trace, the countries are finding it
difficult to identify the traffickers and in most of trafficking cases the
victims have knowingly or unknowingly given their consent to the false
promises made by the traffickers. The trafficking cases are not reported
unless the victim complains or the law enforcement authorities trace them
out during investigation for some other purpose. As there is lot of loop
holes in the law enforcement machineries and lack of coordination the
traffickers still remain scot free.

In Fourth Chapter various steps are discussed which were taken by

government and authority to prevent human trafficking . In this chapter
the objectives of each scheme and regulations are discussed and also the
drawbacks in them, the obstacles that was faced at the time of
implementation is also dealt with. In order to remove the ambiguity in the
definition of trafficking Protocol has been enacted to give wider definition
to the term and also the various modes adopted for trafficking, kinds of
exploitation victims may be subjected to is also clearly defined. To address
the problem of trafficking of women at nationallevel the Nations Protocol
to Prevent, and Suppress and Punish Trafficking in Persons, Especially
Womenand Children has been enacted. Legislation on the Elimination of
All Forms of Discrimination Against Women insists the State parties to
take all appropriate steps including enacting legislations to prevent and
suppress all forms of trafficking against women in the country. Onus is
placed on the state parties to protect the violation of human rights of
women and also to impose severe punishment on the violators by adopting
suitable measures.

144 | P a g e
 This chapter also deals with role of NGO, in combating the
trafficking issues. The obstacles faced by them are discussed in detail.Major
NGOs working for rescue, rehabilitation and re-integration ofvictims of
trafficking is specifically discussed and also the innovative method
adopted by them to convert the survivors of trafficking into independent
and resourceful person the training provided and the job placement is taken
care by them. Many NGOs are reluctant to continue in this operation due
to lack of cooperation and coordination from the law enforcement
authorities and government is also discussed.

Suggestions

Establishment of Rehabilitation homes-

Government recognized Rehabilitation homes should submit the details
and photos of the beneficiaries in such homes. They should submit annual
report to the government regarding the progress madeand audited accounts.

Surveillance on NGOs- State government should have strict surveillance

on the working of the NGO’s as to the implementationof the programmes,
and utilization of the funds sanctioned by the government.

Monitoring rehabilitation homes- State government should monitor the

rehabilitation homes as to the duration of stay of the victims, their activities
and their moving out of the home.

Lack of knowledge of trafficking issues- Police staff and officialsshould

be trained properly as to how to tackle the human trafficking problem, and
they should consider this problem more serious as other criminal offences.

145 | P a g e
Establishment of Anti- human trafficking Units- Constitution of
AntiHuman Trafficking Units in the State should be made mandatory in
all States and well trained person should be appointed. Lack of resources-
NGO’s funding / working for therescuing, rehabilitation and reintegration
should be assisted andfunded by the government to encourage them in this
endeavor.

Legal awareness to Law enforcement authorities-Law enforcement

authorities like police, advocates and the Judges should be enlightened
with 215 respect to the fact that the survivor of trafficking is not an
offender but a victim in the organized crime.

Compulsory education and empowering of victims- Education is a

powerful tool in the hands of the vulnerable sections of the society.
Therefore they should be provided compulsory education and according
to their skills and capacity provided with employment with reasonable
salary.

Social Responsibility-It should be made mandatory for theCompaniesϖ

situated in India to provide job opportunities to the victims of trafficking
according to their efficiency as SocialResponsibility towards society.

Strict vigilance along borders- State has to ascertain whether strict

vigilance is maintained at the entry and exit points along the cross borders
or boundaries of the country.

Immediate relief-Compensation can be provided by the governmentto the

victims to start a decent life. Assets acquired from the trafficking business
(criminal conduct) by the traffickers to be confiscated by the court and
order for distribution among the victims as compensation to be made and

146 | P a g e
also used to finance states efforts to combat human trafficking, cost of
victim rehabilitation and support victims.

Length of the investigations- speedy disposal of prosecution of the

traffickers is important or the victims will either turn hostile or loose
interest in the prosecution process. Corruption - Prosecute the law
enforcement authorities who are found guilty of indulging in corruption
in human trafficking offence.

Statistics as offence- Government should keep itself up dated list of

missing girls who have disappeared without any proper reasons and the
investigation should be initiated to trace them.

Coordination of public-Involve women and children in creating awareness

against trafficking issues as the message would be easilyand effectively
conveyed to the public.

Publication of Conviction -Traffickers convicted to be highlightedthrough

media and newspaper to create a deterrent effect in the minds of offenders.
Empowerment of victims- The stay in the protective home should be
reduced to 1 to 1½ years within this duration they should be trained
according to their skills to financially maintain themselves. Long stay
would sure create an atmosphere of punishment which may compel them
to go back to the traffickers.

Coordination with public to tackle the issues - Develop police- public

networks in order to check cross-border trafficking in the areas that are
vulnerable to trafficking. The people in that area canbe trained to identify
the traffickers so that they can act as watchdogs and also informants to the
police as to traffickers and exploiters details.

147 | P a g e
 Conclusion
In spite of various National laws enacted to tackle the problem of
trafficking still today it continues to remain as a serious threat to women
and children and major problem in the society of every country. The
existing laws are not effective to curb trafficking as thestatistic of the crime
shows no decline in the reported cases and women are continued to be
trafficked. Even the ratifying countries are interested in adopting the
standards and measures to curb the offence, the increase in the trafficking
rate is the fact to show there is violation of human rights of victims which
is recognized internationally and at national level. There is serious
drawback in India as for as effective programs to train and protect the
witness andthe survivors and also for their proper rehabilitation. Increase
in themagnitude of the human trafficking offence and fall in the conviction
rate of the offenders is due to lack of political will.

Literature available on trafficking mainly emphasis on commercial

sexual exploitation which has resulted in not highlighting other major form
of exploitation involved in human trafficking. This has created a
impression in the mind of people that in human traffickingonly women are
vulnerable section of society even though quite a lot of information are
available on trafficking of women and children those facts are not bought
to the limelight.

The long legal proceedings and the procedures adopted for

trafficking cases creates a disinterest in the minds of the survivors and
witness and they may turn hostile. There is a need for speedy disposal of
the human trafficking cases and the compensation to be granted at the
earliest so that the survivors will be in a position to lead a decent life. The
lack of interest among the enforcement authorities is the major setback for
148 | P a g e
the country to tackle this serioushuman rights violation issues. Need of the
hour is that the Government should take serious measures to tackle these
illegal activities and introduce the necessary amendments to the ITP Act
toinclude all the trafficking related offences, client, traffickers, exploiters
racketeers all should be brought under the purview of serious offenders
and stringent punishment for the offenders should be incorporated in the
Act. Women should be respected and her life and dignity to lead a
respectful life should be recognized and the attitude of treating women as
a commodity to be eradicated from theminds of people.

Trafficking has become an emotive issue about which much has written
passionately rather than objectively because it touches the core of our
beliefs about morality, justice, gender and human rights. The literature on
trafficking carries conflicting layers of understanding with trafficking
equated with prostitution andmigration. It must be the priority area of the
academia, legalists andthe civil society. Human rights are the lifeline of
any democratic society. It can never be loose talk. What is of urgent
importance is that there should be equal emphasis on interpretation and
change rather than latter taking over former.

149 | P a g e
 BIBLIOGRAPHY BOOKS REFERRED

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Press, Bangalore, 1987)
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151 | P a g e
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UP, 1989), at 6
2. The Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children,2000
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1200, New Delhi) at 75
4. National Crime Records Bureau Report,2016, Ministry of Home
Affairs
5. Yudha Canta”, Sarga 115, Sloka 1-2 @ 2537
6. P.M.Nair, Trafficking in Women and Children in India, (Oriented
Longman Pvt.Ltd, New Delhi, 2005)
7. United Nations Office of Drugs and Crime (UNODC), Trafficking in
Persons: Global Patterns2006, @24
8. Statutes at Large,” International Convention for the Suppression of
the White Slave Traffic.” May 4, 1910
9. General Comment No. 14 (2000), UN Committee on Economic,
Social and Cultural Rights, para
10. Justice Verma Commission Report, January 23, 2013

152 | P a g e
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4. http://timesofindia.indiatimes.com/city/pune/move-to-facilitate- safe-
return-ofvictims/articleshow/35861027.cms
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bureau/visit
6. http://www.caringforourchildrenfoundation.org/women-child-
trafficking-onincrease-in-karnataka/ vism
7. http://www.unodc.org/unodc/en/frontpage/unodc-report-on-
humantraffickingexposes-modern-form-of-slavery-.html.
8. http://catt.empowerpeople.org.in/2011/01/home-top-news-nation-
citiesstates.html .
9. http://timesofIndia.idiatimes.com/india/In- India-karnataka-stands-
third-inhuman- trafficking/articlesshow/25234883.cms
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govt-ratifies-twoun-conventions.htm
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