Trafficking of Persons

ACKNOWLEDGMENT
I acknowledge with pleasure unparallel infrastructural support that I have received from Amity
Law School,Amity University,Noida .In fact this work is the outcome of outstanding support that
I have received from the faculty members of the college in particularly Dr.Aqeeda Khan.
This research work bears testimony to the active encouragement and guidance of a friends and
well wishers.
I am greatly indebted to the various writers,jurists and all others from whose writing and work I
have taken help to complete this dissertation.
LLM:2018-2019(IEL) SignatureDate: / /2018
Swapna Shil

STATEMENT BY THE CANDIDATE
I, Swapna Shil, a student of LLM of Amity Law School,Noida,AmityUniversity,with Enroll
No.A0851718009 and department of IEL( INTERNATIONAL ENVIRONMENTAL LAW),do
hereby declare that this research paper is an original work of mine and is result of my own
intellectual efforts. I have quoted titles of all original sources i.e original documents and name of
the authors whose work has helped me in writing this research paper have been placed at
appropriate places.I have not infringed copy rights of any other author.
LLM:2018-2019 (IEL)
Date: / /2018 Signature
Place: Amity University,Noida Swapna Shil

CERTIFICATE
This is to certify that research paper entitled “TRAFFICKING OF PERSONS” which is being
submitted by Miss Swapna Shil for the award of the degree of Master Of Laws is an independent
and original research work carried out by her.
The dissertation is worthy of consideration for the award of LLM degree of Law School Amity,
Noida, Amity University.
Miss Swapna Shil has worked under my guidance and supervision to fulfill all requirements for
the submission of this dissertation.
Signature
Prof.Dr.Aqeeda khan
Amity University,Noida
Date: / /2018
LLM :2018-2019(IEL)

TRAFFICKING OF PERSONS
A RESEARCH SUBMITTED TO
AMITY LAW SCHOOL,NOIDA,AMITY UNIVERSITY
LL.M.(MASTER OF LAW)
SUBMITTED BY: SUPERVISED BY:
SWAPNA SHIL PROF.(DR.)AQEEDA KHAN
ENROLLMENT NO:A0851718009 ProfessorOfAmity Law School
LL.M( International Environmental Law) AMITY UNIVERSITY,NOIDA
AMITY LAW SCHOOL
AMITY UNIVERSITY, NOIDA , (2018-2019)

TABLE OF CONTENTS
Title Page I
Certificate II
Statement By The Candidate III
Acknowledgments IV
Table of Contents V
Abstract Pg1
Synopsis Pg1-6
Table of cases Reffered Pg7
Human Rights Development in India Pg7-8
Introduction Pg8-9
Purpose Pg9
Persons trafficked and rescued Pg10
Human Trafficking Victims and Special
References
Pg10-11
Prevention,Protection,Rehabilitation
Bill,2018
Pg11-13
International Law standards relating to
human right
Pg13-14
Constitutional and Legislative
Provisions in India
Pg14
Administrative Measures Pg14-15
Miscellaneous Offences Associated
with Trafficking
Pg15-16
General provisions in criminal law with
respect of human right
Pg16
Conclusion Pg17
Bibliography Pg18
Appendix Pg19

ABSTRACT
Trafficking in women and children is one of the worse abuses of human rights. But it is very
difficult to the scale of the phenomenon as trafficking is relate to child labour, bonded labour,
child marriage, kidnapping and prostitution even through these phenomena can exist also
independent of trafficking. This paper has attempted to analyses the nature, causes, modes and
volume of trafficking in a country that has recently become a soft target in the South Asian
region for trafficking in persons. India has failed to acquiesce with certain international standards
to combat the crime. The paper highlights the need to develop a multidimensional approach and
focus attention on structural factors of trafficking for recommending meaningful stratagems to
counter the social evil.
Keywords: human trafficking, human rights, prostitution, kidnapping, child marriage, child
labour, abduction,bonded labour.
SYNOPSIS
INTRODUCTION
International concern for prevention of human trafficking for the purpose of sexual exploitation
has existed since the beginning of the 20th century1. In 2008, the international community agreed
for the first time on how to define “trafficking in persons” in the protocol to prevent, suppress
and punish Trafficking in persons, especially Women and Children(protocol).2The “trafficking in
persons” as-the recruitment, transit,relocation, 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 approval of a person having control over another person, for the ambition
of exploitation. Exploitation shall include, at minimum, the exploitation of the prostitution of
others or other mode of sexual exploitation, forced labour or services, slavery or practices similar
to slavery or the removal of organs.
Human trafficking into three categorizations: Domestic Human Trafficking: is trafficking of
persons that occurs within the borders of the United States. Foreign Human Trafficking: is
human trafficking that takes places within the borders of a country not including the United
States. International Human Trafficking: trafficking of persons across multiple countries
borders.3
1 See Janie Chuang Redirectingthe Debate over Traffickingin Women: Definitions,Paragraph,and
contexts,11HARv.HuM.RTS.J.65,74-75(1998).The traffickingof women from Europe to brothels throughout the
colonial empires led to the International Agreement for the Suppression of White slaveTraffickingin 1904.
2U.N. GLOBAL INITIATIVE TO FIGHT HUMAN TRAFFICKING, U.N.OFFICE ON DRUGS & CRIME,THE VIENNA FORUM
REPORT: A WAT FORWARD TO COMBAT HUMAN TRAFFICKING 2 (2008) availableat
http://www.un.org/ga/president/62/ThematicDebates/humantrafficking/ebbok.pdf
1

AIMS &OBJECTIVES
 Objective 1: Protecting and assisting victims of trafficking having due regard to their
rights;
 Objective 2: Facilitating the efficient investigation of cases of trafficking in persons;
 Objective 3: Strengthen the law enforcement mechanism to combat trafficking and
irregular migration
 Objective 4: Enhance the legal, institutional and policy framework to support better
governance and efficient migration management.
 Objective 5: improve the policy, coordination and knowledge base for better informed
migration in keeping with international standards.4
SIGNIFICANCE OF THE RESEARCH
a) Protecting identity of witness and victims would ensure protection and would help quick
and effective solving of Trans-border and Inter State cases ensuring Justice for all
without delay.
b) It would curb the increasing number of Human trafficking cases where majority of
girls/women are trafficking for forced labor and sexual pleasures. This would reduce
crimes against women.
c) The rehab found is initiated for the first time to provide skill development, legal aid, safe
accommodation and healthcare to victim. It ensures Employment Opportunities to
victims to make them financially independent and bringing them back into mainstream.5
d) The identity of victims and witnesses are not disclosed for security reason. Their
statement recorded through video conferencing also helps in Trans-Border and Inter-State
matters.
e) Special court setup mandated under law to be set up, speedy trial within 1 year, and
seizure of property acquired through proceeds of crime.
f) NIA to be nodal agency at national level under ministry of home affairs. NIA already
burned with counter terrorism cases and security thrusts police, a state subject,
g) Rehabilitation found to bring these poor victims an alternate livelihood, education, health,
skills, and acceptance into mainstream.
India reported 8000 cases of Human Trafficking 2016, and 23000 victims were rescued.
Prevention, Protection and Rehabilitation Bill, 2018 aims to address the trafficking issues.
3 International Regional and Sub Regional Organization CombatingTraffickingin person.
4 The inclusion of this page is authorised by L.N.11/2010
5 Smuggling and traffickinghuman beings: the phenomenon, the markets that driveit and the organizations that
Promote it. European Journal on Criminal Policy and Research,9(2),163-195
2

Human Trafficking is human right violation and bill would ensure curbing the crimes against
women. It will contribute to India’s leadership position in South Asian Countries.6
RESEARCH METHODOLOGY
This study on trafficking in women and children is pioneering and exploratory. It attempts to
explore an ostracized, murky, underground world. The methodology has, therefore, responded
inactively in devising and evolving instruments and scenario of research. It is not sudden that
reliability and authenticity of existing data is a matter of concern. The broad objectives of our
study follow this major interest. These are:
a) To understand the trends and patterns of trafficking, and structural and functional mechanism
that reproduces and reinforces the processes that perpetuate the phenomenon.
b) To analysis the roles and functions of the formal and voluntary agencies that were involved in
containing and combating this phenomenon.
c) To prepare a comprehensive database.
d) As the study was assume in a human rights perspective and sponsored by NHRC the project
also took upon itself an active advocacy role of orientation and training directed towards relevant
agencies. It also involved alertness generation among the accessible sections and the target
audience.7
Framework of study
Trafficking is a complex, with a variety of often inter related-condition covering large
geographic spaces. It is not possible to address all the areas simultaneously. Broadly, our study
focuses on: the crime of trafficking and the responses committed in preventing and counteract it.
The study of existence anti trafficking law the Immoral Traffic (prevention) Act, 1956 was also
focal area. The study took into account the prospect of all the trafficked persons, whether they
were being subjected to profit making sexual exploitation or other types of abuse. The resent
study encompasses the major areas of trafficking. Trafficking is its manifestations, can be
broadly categorized as:
 Trafficking for sex based exploitation, i.e. for brothel based and non -brothel based
commercial sexual exploitation, pornography, pedophilia, sex tourism, mail-order bride
system, disguised sexual abuse in the grab of massage parlors, beauty parlors, bartending,
friendship club etc
6 Bureau of JusticeStatistics,(2006) ,Federal Prosecution of human trafficking,2001-2005.
7 2003 “Developing better indicatorsof human trafficking”,Brown Journal of World Affairs,X(1).
3

 Trafficking for non sex based exploitation, including a vast area of servitude, slavery and
exploitation, which were commonly seen in bonded or forced labor; domestic servitude,
industrial servitude, servitude in the entertainment industry, drug peddling, begging,
adoption, trading in human organs, trafficking for false marriage, and other similar
exploitative practices.8
Sources of data
Both primary and secondary source data were used. Primary data was obtained through interview
schedules, focus group discussions, case studies and observation. Secondary sources were
provided by formal and voluntary institution.
Sampling
The sample, although stratified, did not permit randomization. This was in view of the corrupt
nature of trafficking. The researchers were given freedom for calculated selection of the relevant
units of their sample. They adopted both purposive and convenience.
Secondary Data
Material was collected from published and unpublished sources. Research books & law
enforcement agencies in different states website links also provided a lot of valuable information.
Moreover, the research involved analytical study of the legal provisions and judicial judgement.
Duration of study
Complete my research paper 9-10 days.
Research Questions
 How prevalent is human trafficking?
 What are the different types of human trafficking?
 What are the essence causes of human trafficking?
 Are strategic solutions to human trafficking enough to effect change?
 What is the impact of human trafficking?
 What impact has the victims of Trafficking and Violence Protection Act had?
 What I have learned from my research, what do I think about the issue of human
trafficking?
8 http://cdn.intechopen.com/pdfs/36964/InTech-
An_integrated_theoretical_framework_to_describe_human_trafficking_of_young_women_and_girls_for_involunt
ary_prostitution.pdf
4

Analysis of data
Once the data had been collected from the codebooks were developed, based on the responses in
the interview schedules. Thereupon, the data in all the schedules, which had been duly filled in,
were coded. The task included find in the data, verification, validation and presentation of tables
to facilitate data analysis and interpretation.9
HYPOTHESIS
Although men, women, children, adolescent and adults are all victims of human trafficking, the
majority of victims have been highly concentrated as women. Data shows that women are more
vulnerable than men because they experience multidimensional exploitation. In all parts of the
world, because of gender bias women’s role in society has always endure collateral and they are
deal with as second-class citizens of society. Even the globalised world, which has created social
and economic opportunities for all sections of society, poor unskilled workers have been among
the first to suffer retrenchment and unemployment. These reasons make women susceptible to
trafficking. The available literature on trafficking mainly consists of reports of studies,
conferences and workshops conducted by international and domestic non- governmental
organization (NGOs) . National and religion level studies are fewer in number compared to the
literature available at the state level. The recent importance accord to trafficking on the
international agenda is responsible for the rise in the number of ongoing research studies on
trafficking in India.
The Indian Constitution prohibits all the forms of trafficking under Article 23 of the
constitution.The elimination of the Immoral Traffic Act, 1956 (amended to the Immoral Traffic
Prevention Act) was in feedback to the ratification of the International Convention on
suppression of Immoral trafficking and Exploitation of Prostitution of others in 1950 by India.
This has been an area of concern since its basically the early 20th century.10
 Issues of Conceptual Clarity: The literature trafficking apply a considerable amount of
space to defining the phenomenon.11 The definitions available reflect the lack of clarity
and accord on what precisely constitutes trafficking. Over decades, the concept itself has
evolved; to include many more attributes than it began with.
 Vulnerability Factors: The literature survey there seems to be a broad agreement over the
factors that are lead to trafficking. However, there is concern about actual role played by
them. While some reports view these factors to be the root causes of trafficking, others
9 "TIP Protocol Ratified status.UN. 8. Timesofindia.indiatimes.comdated 8-12-2014.
10 National CrimeRecords Bureau Data from 2010,2011,2012, 2013,2014.
State of Traffickingin Women and Children and their Sexual Exploitation in Bangladesh,Dhaka:Centre for Women
and Children Studies (CWCS),2010.
11 Fowler, J., & UNICEF. (2004). Human Traffickingin Africa Fuelled by War,Economic Hardship,and Lack of Birth
Registration.".
5

state that ‘they merely exacerbate the vulnerability of marginalized12 and disadvantaged
groups and render them increasingly more amenable to a variety of harm.
 Personal Circumstances: Low levels of literacy, awareness are also risk factors.
Economic deprivation due to various reasons and its associative conditions are among the
most important factors that a high percentage of trafficked people belong to lower income
groups.
 Structural Factors
Environments lacking livelihood options or economic opportunities, with the
accompanying pressures to work and earn, make people’s lives ongoing battle for
survival. The structural factors 13influencing and determining these circumstances are
listed as industrialization and globalizations; economic crises, decline, disruption or
underdevelopment; economic policies like privatization, liberalization, the consequent
erosion of subsistence agricultural practices, loss of traditional livelihood and inflation.
SCOPE
Synopsis makes an effort to:
 Relating to legal provisions is basically trafficking-domestic as well as cross border.
 Figure out the existing framework on the substantive law on trafficking.
 Look at ancillary act which may have a bearing on trafficking.
 Study major court decisions which may have component on trafficking.
 Understand trafficking as an organized crime and look at legal provision.
 The roles played by different stakeholders.
 Identity international standards on trafficking and also on organized crime.14
TABLE OF CASES REFERRED
 Budhadev Karmaskar v.State (Criminal Appeal No.135)
 Anwar v.State of Jammu & Kashmir15
 Kharak Singh v.State of U.P16
 Menaka Gandhi v. Union of India17
 Sunil Batra v. Delhi Administration(1978)18
12 Getu, M. (2006).Human traffickingand development: The roleof microfinance.Transformation,23(3),142-156.
13 Scarpa,S.2014,BOOK REVIEW : The legal understandingof slavery:From the historical to contemporary. Leiden
Journal of International Law,27(2),551-556
14Combating Human TraffickingGaps in policy and lawby Veerendra Mishra
15 A.I.R.1971 SC337
16 A.I.R. 1963 SC 1295
6
17 AIR 1978 SC 597
18 (1978)4 SCC 494

 T.Vatheeswaran case(1983)19
 Nilabati Behera Case(1993)20
 D.K.Basu Case(1997)21
 Vishaka v. State of Rajasthan(1997)22
 Batra v.Delhi Administration(1978)23
 Sobraj v.Supt Central Jail (1978)24
 Nandini Satpathy V.P.L Dani(1978)25
 Hussainara Khatoon and others vs. Home Secretary of Bihar.26
HUMAN RIGHTS DEVELOPMENT IN INDIA
 1829- Practice of sati was properly abolished by Governor General William Bentick.
 1929-Child Marriage Restraint Act, marriage of minors prohibiting under 14years.
 1955-Reform of family law concern Hindus gives more rights to women.
 1973-Supreme Court of India rules in Kesavananda Bharati case 27that the basic
structure of the constitution is unalterable by a constitutional amendment.
 1978-Sc Rules in Menaka Gandhi v.Union of India 28that the right to under Article 21
of the constitution cannot be suspended even in an emergency.
 1985 The Shah Bano Case,29 where the Supreme Court recognized the Muslim
Women’s right to maintenance upon divorce, sparks protest from Muslim clergy. To
nullify the decision of the Supreme Court, Rajiv Gandhi Government enacted The
Muslim Women (Protection of Rights on Divorce) Act 1986.
 1989- Prevention of Scheduled Caste and Scheduled Tribe Act,1989 .
 1992-A constitutional amendment establishes local self govt.
 1993- Established is National Human Rights Commission under the Protection of
Human rights Act.
 2001-Supreme Court passes extensive rule to appliance the right to food.
19 (1978)4 SCC 104
20 (1983) 2 SCC 68
21 (1993) 2 SCC 746
22 D.K.Basu v. State of W.B.,(1997) 1 SCC 416
23 (1997) 6 SCC 241
24 A.I.R.1978 SC 1675
25 A.I.R.1978 SC 1514
26 A.I.R.1978 SC 1025
27 (AIR) 1973 SC 1461
28 AIR (1978)SC
29(1985) SCC (2) 556
7

INTRODUCTION
Article 3, paragraph (a) of the protocol to prevent, suppress and punish trafficking in persons
defines Trafficking in persons means the recruitment, transportation, transfer, harboring or
receipt of persons, Threat or use of force or other mode of coercion, of kidnapping, of fraud,
of the abuse of power or of a position of vulnerability or of the receiving of payments or aid
to achieve the approval of a person having control over another person;
For the purpose of exploitation includes, at a minimum, the exploitation of the prostitution of
others or other forms of sexual exploitation, forced laborer or services, slavery or practices
similar to slavery, servitude or the removal of organs, the consent of a victim of trafficking in
persons to the intended exploitation under certain circumstances.30
There are again many women willingly migrate to Middle East, and The United States to
work as low skilled laborers, who are sometimes by placement agencies and sometimes
trafficked within India and abroad and kept in conditions of servitude with characteristic such
as withholding payment of wages confiscation of travel documents, non- profit to middlemen
with bonded labor to pay off the profits/allegation etc. Trafficking in persons Report 2010
also points out that 90% of these trafficked belongs to the most disadvantaged groups. It also
carried evidence of NGOs reports on mark of girls from North East India, M.P., Bihar, U.P.
and West Bengal with promises of work and then compelled them into prostitution as well as
forced marriages. High demand in the states of Haryana for brides and other states due to the
low sex ratio causes by sex selection abortions. Approximated annual turnover of human
trafficking in India is near about Rs.20 billion.
India is also a harbor for women and girls from Nepal and Bangladesh trafficked for the
commercial sexual exploitation. The trafficking in persons Report published by the United
States Department of State identifies India as country having both labor trafficking and sex
trafficking issues. Notice for more data, I did find a second report published by the United
Nations Office on Drugs and Crime (UNODC) that ranks India as a high destination country.
Trafficking Victim Protection Act of 2000, attempting to combat human trafficking.
Country is making powerful efforts to comply with the minimum standards. India has been
on this list for four consecutive years; including 2007.The specific reason given for this is
that the Indian Government has not recognized the country’s huge bonded labor population.
Non-governmental organizations estimate that between 20 million to 65 million bonded
30
Human Traffickingthe Fact,Global Initiative toFightHumanTrafficking,2008, 1-2.
8

laborers are held in India.31 Another reason is that government has not act to prosecute or
punish three government officials that were found to be involved in trafficking related
corruption.
PURPOSE
The purpose of exploitation, which are includes exploiting the prostitution of others, sexual
exploitation, slavery or similar practices and the removal of organs. To ascertain whether a
particular circumstance constitutes trafficking in persons, consider the definition of
trafficking in person’s protocol and the constituent elements of the offense, as defined by
relevant domestic legislation.
Human trafficking is the trade of humans for the purpose of forced labour, sexual or
commercial sexual exploitation for the trafficker or others.
According to the International Labour Organization (ILO),forced labor alone generates an
estimated $150 billion in profits per annum as of 2014.In 2012,the ILO estimated that 21
million victims are captured in modern-day slavery. Of these,14.2 million (68%) were
exploited for labor,4.5 million(22%) were sexually exploited, and 2.2 million (10%) were
exploited in state-enforce forced labor.32
PERSONS TRSFFICKED AND RESCUED
Trafficking is one of the fastest growing organized crimes in India. The Crime India Report
2016 by the National Crime Records Bureau reported that in the year 2016 15,379 victims
were trafficked and 2311 victims of trafficking were rescued.
It is imperative to mention that there were cases of trafficking of transgender which clearly
implies that offence of trafficking is not limited to a particular class or gender. Moreover
1,11,569 children were reported missing the year 2016, that are presumed to have been
trafficked or abducted of exploitative purpose out of which 55944 were recovered raising a 1
serious concern on the existing law enforcement mechanism. It is response to these glaring
questions that the trafficking of persons Rehabilitation Bill, 2018 was passed by the Union
31 IOSR Journal of Humanities and Social Science(IOSR-JHSS) Volume 22, Issue9,Ver. 5 (September. 2017) PP 76-
97
32“UNODC on human traffickingand migrantsmuggling”United Nations Officeon Drugs and Crime.
https://www.hindustantimes.com/india-news/8132-cases-of-human-trafficking-reported-in-2016-average-63-
victims-rescued-a-day/story-OguqzIq50jiFZrvg51hrmL.html
9

Cabinet on 28thFebruary,2018.It is proposed to be tabled in the Rajya Sabha in the upcoming
session of parliament.33
HUMAN TRAFFICKING VICTIMS WITH SPECIAL REFERENCE
The ILO predicted that globally victims of human trafficking 40.3 million. U.S law defined
that victims of human trafficking can be divided into three populations:
 Children under the age of 18 induced into wholesale sex.
 Adults (age 18 or over) induced into commercial sex through force, extortion, or
persuasion.
 Children and adults induced to act services through force, fraud or coercion.
 General clues to help identify victims of Human Trafficking may occur in the following
situations:
Prostitution and escort services, pornography, stripping, exotic dancing, business
like hotels, nail salons or home cleaning, begging, street peddling.
 Victims of human trafficking mat exhibit any of the following: Evidence being controlled
either physically or psychologically, Inability to leave home or place of work, Inability to
speak for oneself or share one’s information
 Victims of human trafficking in India live amidst us, in our day to day surrounding. The
most common victims are: i.) Children and young women ii.) Children and adolescents
begging or selling knick-knacks on the streets in towns and cities.
iii.) The victims of the illegal organ trade racket.
 Ensuring human rights perspective for the victims of trafficking
 Preventing trafficking
 Identification of traffickers and Trafficked Victims.
 Legal framework and Law enforcement
 Witness protection and support to victims.
 Methodology for translating the Action points into Action.34
PREVENTION, PROTECTION, REHABILITATION BILL,2018
PREVENTION OF TRAFFICKING IN PERSONS : Prevention efforts are currently sporadic
and arbitrary, with no dedicated and accountable infrastructure for this purpose. The absence of a
33 Gallagher,A.2001,Human Right and the New UN protocols on Traffickingand MigrantSmuggling, a Preliminary
Analysis.
34 Traffickingin Persons Report, Department of State, USA, June, 2016.
10

fortified and institutionalized safety net pushes vulnerable individuals into being trafficking into
various forms of exploitation. The prevention Bill sets up State and District Anti Trafficking
committees for instituonalised.
PROTECTION OF TRAFFICKING IN PERSONS
If individual fall through the safety net of prevention, they are met with an uncoordinated and
unaccountable law enforcement mechanism that is unfit for dealing with the multifarious nature
of the crime. The Bill proposed to-i) Adopt an organized crime approaches by establishing the
“National Anti-Trafficking Bureau” (NATB) with state and district level bodies for the purpose
of coordination and monitoring efforts of prevention, investigation, persecution and international
coordination. Officers and state and district police officer will permeate this mandated at lower
levels of enforcement. ii) Achieve inter- state and international cooperation and convergence to
and criminal nexus employed for proliferation of borders. iii) set up Anti Trafficking police
officers, Anti-Trafficking units and District level task forces to conduct rescue operation as per
standardized procedure o be enshrined in rules. iv) Protect the identity of and prevents
disclosure of identity victims, witnesses and complainants.35
PROSECUTION OF OFFENDERS
At present rate of completion of investigation in human trafficking in 46%,while the rate of
disposal of cases by court is about 24%. The overwhelming pendency for such cases
demonstrates that the existing 24%.The overwhelming pendency for such cases demonstrates
that the existing prosecution mechanism has failed to provide timely justice to survivors or create
deterrence against the perpetrators.
REHABILITATION OF SURVIVORS
Rehabilitations of trafficking survivors remain the most persistent challenge within its current
legislative framework. In the absence of holistic statutory rehabilitation that addresses their
specific needs and vulnerabilities. The bill purpose to-
 Registered protection and rehabilitation homes found will provide long term and short
term rahabillition.
 A dedicated central rehabilitation found, supplemented by the state, will provide
survivors with entrepreneurial support, skill development training or vocational training,
legal assistance, victim and witness protection and other welfare and empowerment
initiatives for survivors.
 Detach contingency of relief and rehabilitation of survivors will no upon the status of
prosecution.
35 Cho S Y and Vadlamannati K C, Compliancewith the Anti-traffickingProtocol,European Journal of Political
Economy, 28, 2012, 249-265.
11

 Provide for interim relief to the victim within thirty days of reporting of crime. This is
achieved through National, State and District Anti-Trafficking committees that will
be responsible for extending and monitoring the social, psychological and economic
and rehabilitation of survivors of trafficking.
THE ANTI TRAFFICKING COMMITTEE
 Activities of co-ordinate government departments and law enforcement organs charged
with matters relating to trafficking in persons.
 Make recommendation for a national plan of action against trafficking in persons.
 Suggest the minister on policy matters connected with trafficking in persons.
 Instruct on the investigation of offences on trafficking in persons.
 Propose and promote strategies to prevent and combat trafficking in person;
 Liaise with government agencies and NGOs to promote the rehabilitations and re-
integration of victims of trafficking in per-sons;
 Accord any other matter relating to trafficking in persons.
 Prepare guidelines for disbursements from the fund;
 The Anti Trafficking committee shall meet as such time as the Chairman may determine
but shall meet at least once in every three months.36
THE ANTI TRAFFICKING FUND
 Such amount of money as may be appropriated by the parliament; Voluntary
contributions from individuals, NGOs and other private sector.
 Grants and donations from bilateral and multilateral organizations;
 Any sums of money or property which may in any manner become payable to or vested
in the fund;
 Each other sums of money which may disburse for the fund.
NATIONAL ANTI TRAFFICKING BUREAU
The bill proposes establishment of NATB to study trafficking cases and appliance provisions of
bill. It will comprise of police officers and any other officers as required.
Functions: Coordinate and monitor surveillance along known trafficking routes, facilitate
surveillance, enforce and take preventive steps at source, transit and destination points, maintain
coordination between law enforcement agencies and NGOs and other stakeholders and
development international cooperation for intelligence sharing and collective legal assistance.
36 UN High Commissioner for Human Rights Principles and Guidelines on Human Rights and Trafficking,
E/2002/68/Add.1 (2002).
12

According to the Minister of Women and Child Development 19,223 women and children were
trafficked in 2016 against 15,448, the previous year. The huge number of victims recorded in the
eastern state of West Bengal. Children were trafficked last year 9,104 and increase from the
previous year 27%.37
INTERNATIONAL LAW STANDARDS RELATING TO HUMAN TRAFFICKING
Human rights are often guaranteed by law, in the forms of treaties, general principles and other
sources of international law, which lay down obligation of governments to promote and protect
in human rights of individuals or groups. There are treaties specifically on land environmental
rights, but there are important provisions in treaties which are used to defend them, and to protect
their defenders.38
Article 1(3) of the UN Charter,1945 was drafted, approved and unanimously adopted by all the
delegates of the 51 states, who attended the United Nations Conference at San Francisco. The
UN Charter contains for the promotion and protection of human rights its must be contains the
areas. UN Charter provides for the pursuit of international cooperation by solving international
problems of an economic, social, cultural or humanitarian character, promoting and encouraging
respect for human rights and freedoms externally distinction as to race, sex, language or religion.
To this end, the United Nations has embarked on the continuous process of articulating human
rights in order to translate them from morality and principles into bind the adoption of the
UDHR(Universal Declaration of Human Rights),in 1948, was the first step towards the
progressive codification of international human right. This was adopted by the General
Assembly of the United Nations n 10th December 1948.The Declaration consists of thirty
Articles and covers civil, political, economical, social. Universal Declaration of Human
Rights,1948 was not a legally binding document. It lacked enforcement. This deficiency was
sought to be removed by U.N.General Assembly by adopting in December,1966 the two
covenants,viz.,
 Civil and political rights on International Covenant.
 Economic, Social and Cultural Rights on International Covenant..39
37 http://www.prsindia.org/billtrack/the-trafficking-of-persons-prevention-protection-and-rehabilitation-bill-2018-
5277/
38 See UN Human Rights Council,Resolution 6/14.Special Reporter on contemporary forms of slavery,28
September 2007. http://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-
and-fora/part-i-the-concept-of-human-rights/general-principles-relevant-to
39 http://www.herramientadefensorasderechostierra.org/en/international -human-rights-standards
13

CONSTITUTIONAL AND LEGISLATIVE PROVSION IN INDIA
 Trafficking in human beings or persons is prohibited under the constitution of India Article
23(1)
 Protection of children from sexual offences (POSCO) Act, 2012, which has come into effect
from 14th November,2012 is a special law to protect children from sexual abuse and
exploitation.
 The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention
for commercial sexual exploitation.
 Amendment in Criminal Law Act 2013 has come into force wherein Section 370 of the
Indian Penal Code has been substituted with Section 370 and 370A IPC which provide
comprehensive measures.
There is other specific legislation enacted relating to trafficking women and children:
 Prohibition of Child Marriage Act,2006,
 Bonded Labour System (Abolition) Act,1976
 Child Labour (Prohibition and Regulation) Act,1986
 Transplantation of Human Organs Act,1994,
 Apart from specific Sections in the IPC
 State Government have also enacted specific legislation to deal with the issue ( e.g. The
Punjab Prevention of Human Smuggling Act,2012)40
ADMINISTRATIVE MEASURES
Anti Trafficking Cell (ATC) : It was set up in the Ministry of Home Affairs (MHA) in 2006
to act as a focal point for communicating various accord and follow up on action taken by
state goverment to combat the crime of Human Trafficking.
Advisories: To improve the effectiveness in trafficking the crime of human trafficking and to
increase the responsiveness of the law enforcement machinery, MHA has issued
comprehensive advisories to all states.
Ministry of Home Affairs Scheme : Ministry of Home Affairs under a comprehensive
scheme strengthening law enforcement enforcement in India against Trafficking in persons
through training and capacity building has released fund for establishment of Anti Human
Trafficking Units for 270 districts of the whole country.
40 http://www.allresearchjournal.com/archives/2016/vol2issue6/PartC/2-6-41-698.pdf
14

Strengthening the capacity building : To enhance the capacity building of law enforcement
agencies and generate awareness among them, various tranning of trainers workshops on
combating trafficking in human beings for police officers and for presecutors at regional
level, state level and district level were held thoughout the country.
Judicial Colloquium
In order to train and sensitize the trial court judicial officers, judicial colloquium on human
trafficking are held at the High Court level with to sensitize the judicial officers about the
different issues concerning about human trafficking and to ensure expeditious court process.
So far, 11 judicial colloquiums have been held.41
MISCELLANEOUS OFFENCES ASSOCIATED WITH TRAFFICKING
This chapter deals with forms of trafficking other than trafficking for commercial sexual
exploitation and trafficking for forced labour which have been discusses in previous chapters.
For instance, trafficking for adoption and for marriage invoke provision of personal law
along with criminal law and other protective provisions such as in the Juvenile justice
Act,2000. Many of the provisions detailed in this chapter may need to be looked at in
conjunction with other provisions in other chapters.
 Adoption and Trafficking
 The Hindu Adoptions and Maintenance Act,1956
 The Guardians and Wards Act ,1890
 CARA(Central Adoption Resources Agency) Guidelines
 Juvenile Justice Act,2000
 Transplantation of Human Organs Act,1994
 Organized Crimes and Trafficking in Human Beings
 Trafficking for purpose of Marriage42
GENERAL PROVISIONS CRIMINAL LAW WITH RESPECT TO HUMAN TRAFFICKING
The general provisions dealt with in this form the foundation for prosecution of cases of human
trafficking, whatever be the function of such trafficking. These provisions need to be compiled
with those basically attracted based on the purpose of trafficking and the surrounding
circumstances of the case.
41 http://lawnn.com/human -trafficking-India/
42 https://www.iosrjournals.org
15

The general provision are primarily of the IPC. However, it also includes provisions of the
Scheduled Castes and Scheduled Tribes Act,1989 which can be used if the victim belongs to the
Juvenile Justice Act,2000 which are applicable if the victim is a child.43
Sr.No.Indian Penal Code,18860 Section
1.Kidnapping/Abduction 359-368
2.Wrongful Restraint &Wrongful Confinement 339-348
3.Acts Done in Furtherance of Common
Intention
34
4.Abetment 107-120
5.Criminal Conspiracy 120A,120B
6.Cheating 349-356
7.Criminal Conspiracy 415-418
8.Criminal Tresspass 441
9.Criminal Intimidation 503-509
10.Rape 375-376
11.Unnatural Offences 377
12.Hurt 319-338
13.Casuing Miscarriage 312-318
14.Attempt to commit offences 511
15.Slavery 370-371
The scheduled Castes and Scheduled Tribes
Act,1989 Punishment for Offences of Atrocities
The Juvenile Justice Act,2000
3
1.Cruelty 23,27
2.Begging 24
3.Intoxicating, etc. 25
4.Exploitation of Child Employee 26
5.Alternate Punishment 28
43 http://shodhganga.inflibnet.ac.in/bitstream/10603/102509/9/09_chapter%2003.pdf
16

CONCLUSION
Human Trafficking seriously affects lots of peoples as an epidemic, and therefore, it may be
termed as crime epidemic. This crime happens quietly in our society as the victims are unable to
raise their voices due to fear and extreme poverty. The traffickers deliberately take this
opportunity and try phenomenon. Essential to combat this crime is awareness and the
perpetrators must be brought to justice as criminals. The moral fiber of India as well as other
countries is gradually being destroyed due to human trafficking. The problem can be solved if
strong steps are taken according to the laws of the country and if there be any loopholes, laws
should be made corrected or more stringent. The protocol, convention, and TVPA include
examples of provisions with the potential to decrease both the supply and demand for victims. To
realize the goal of ending the market for human trafficking for the purpose of sexual exploitation
will require efforts to ensure that victims of trafficking are treated as “victims”. This will require
the incorporation of the definition of a victim into anti-trafficking legislation. Increased
opportunities for legal migration from countries of origin to countries of destination will
decrease the supply of victims at risk of being trafficked or re-trafficked.
17

BIBLIOGRAPHY
BOOKS
 Kapoor, “S.K,International Law and Human Rights” , 20th edition 2016
 Agrawal, H.O, “International Law and Human rights”, 20th edition 2014.
 Khanna,D.P, “Reforming Human Rigts”, 1st edition 2001.
 Dannelly Jack, “Universal Human Rights in Theory and Practice” ,2nd edition,2005.
 Richard A O, International Trafficking of Women to the United States: A Contemporary
Manifestation of Slavery and Organized Crime. Center for the Study of Intelligence.
pp:1-70.
 Dr.U. Chandra Human Rights book..Vidushy V, Human Trafficking in India: An
analysis. International Journal of Research, 2(6), 2016, 168-171 .
 Zero Traffick: Eleminating sex trafficking in India,2013
 Himika Deb. “Human Trafficking: West Bengal.” IOSR Journal Of Humanities And
Social Science (IOSR-JHSS) , vol. 22, no. 9, 2017, pp. 76–97.
 IOSR Journal of Humanities and Social Science (IOSR-JHSS) is UGC approved Journal
with Sl. No. 5070, Journal no. 49323
WEBSITES
 http://shodhganga.inflibnet.ac.in
 http://nhrc.nic.in
 http://www.legalserviceindia.com
 http://legacy.fordham.edu
 http://www.ohchr.org
 http://www.allresearchjournal.com/archives/2016/vol2issue6/PartC/2-6-41-698.pdf
 http://www.iosrjournals.org
 http://lawnn.com/human trafficking-India/
 http://www.allresearchjournal.com/archives/2016/voi2issue6/partc/2-6-41-698.pdf
18

APPENDIX
STATES FROM WHERE HIGHEST NUMBER OF WOMEN AND CHILDREN WERE
TRAFFICKED
Year --------- 2015 ---- 2016
States Woman Children Woman Children
West
Bengal
2,064 1,792 3,559 3,113
Rajasthan 909 2,387 975 2,519
Maharashtra 1,379 295 1,066 172
Tamil Nadu 761 143 1,064 317
Karnataka 643 178 786 332
19

Trafficking of Persons

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