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Central University of South Bihar: School of Law and Governance
Central University of South Bihar: School of Law and Governance
Submitted by:
Name: Manasi Kumari
Semester: 3rd
ACKNOWLEDGEMENT
- Manasi Kumari
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TABLE OF CONTENT
TOPIC page
no.
1. Introduction 4
2. Origin of human trafficking 5
3. Types of human trafficking 6
4. Legal Provision related to human trafficking 7
5. Cases related to human trafficking 8
6. Conclusion 11
7. Bibliography 12
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INTRODUCTION
Human trafficking is a present-day enslavement involving the use of force, fraud, or coercion
for obtaining some type of labor or commercial sex act.Each year, millions of person from
different sections of the society like men , women, and children are trafficked in almost every
countries around the world,which includes the developed countries like United States of
America . It is estimated this profession of human trafficking generates a lot of profit
estimating billions of dollar every year.Human trafficking is considered as a hidden crime
because the victims of this crimes oftenly comes forward to seek aid because of many
barriers like language problem , fear of the traffickers, and / or fear of law
enforcement.Traffickers use force, fraud, or coercion to tempt and persuade their victims to
get indulge intoindulge any kind of labor or commercial sexual exploitation. They are always
in the search of the ones who are as green as grass for a variety of reasons, including
psychological or emotional vulnerability, economic hardship, lack of a social safety net,
natural disasters, or political instability. The agony caused by the traffickers can be so great
that many may not identify themselves as victims or ask for help, even in highly public
settings.Several myths and misconceptions exist. Recognizing key indicators of human
trafficking is the first step in identifying victims and can aid them to save their life. Not all
indicators listed are present in every human trafficking situation, and the presence or absence
of any of the indicators is not necessarily proof of human trafficking.
The security of the society as well as the victim is of utmost importance, so no one should
take an attempt to have a crack at a suspected trafficker directly cause it alerts a alert that
particular victim to any suspicions. It is up to law enforcement to investigate suspected cases
of human trafficking.
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ORIGIN OF TRAFFICKING
Human traffickers generally originates the multinational routes for transporting these
migrants who are driven by inimical living conditions to search the services of a smuggler.
Human trafficking usually gets started in the origin countries—namely, Southeast Asia,
eastern Europe, and sub-Saharan Africa—where the recruiters seeks for the migrants through
different mediums like the social media , internet, employment agencies, the media, and local
contacts. Middlemen,who recruits individuals from different origin country usually , shares
the same social and cultural background of those migrating. Migrants generally consider this
service offered to them by a smuggler as an opportunity to come up from impoverished
conditions of their home countries to more stable and developed environments.
As such circumstances make it difficult for victims to get legitimate traveling documents,
smugglers supply fraudulent passports or visas and suggest them to avoid the detection by
border-control agents. Transporters, in turn, sustain the migration process through various
modes of transportation: land, air, and sea. Although victims often give their consent for
leaving their home country, majority among them are unaware of the original reason for their
recruitment . Some are kidnapped or coerced, whereas some are fascinated by the offers of
false job opportunities. Transporters involved in the offence of trafficking gets compensated
only in the case when they fulfill their job of sending migrants to the responsible party in
the destination country. Immigration documents,after reaching the destinational country are
seized by the traffickers imatarial of the fact whether it is legitimate or fraudulent and the
immigrants are often subjected to the both physical and sexual abuses, and many are forced
into labour or the sex trade.
The cause of human trafficking stems from adverse circumstances in origin countries,
including religious persecution, political dissension, lack of employment opportunities,
poverty, wars, and natural disasters. Another causal factor is globalization, which has
catapulted developing countries into the world’s market, increasing the standard of living and
contributing to the overall growth of the global economy. Unfortunately, globalization is a
double-edged sword in that it has shaped the world’s market for the transportation of illegal
migrants, affording criminal organizations the ability to expand their networks and create
transnational routes that facilitate the transporting of migrants. The U.S. Department of State
adds that the HIV/AIDS epidemic has generated a large number of orphans and child-headed
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households, especially in sub-Saharan Africa, a situation that creates fertile soil for
trafficking and servitude.
TYPES OF TRAFFICKING
Human trafficking is the most prevailing crime of todays era , there are certain reasons for its
existence along with its certain types . There are different types of trafficking prevailing in
todays society depending on its way , the work , the section of society involved , like sex
trafficking, child trafficking , women trafficking etc. , some of them are discussed below.
Sex trafficking excessively affects women , children and different members of society and by
involving their forced participation in commercial sex acts. In the United States, any
particular child under 18 years of age involved in any commercial sex act is considered as a
trafficking victim. Women and girls collectively make up 80% of the people trafficked
internationally . Approximately , traffickers exploit 1 million children are exploited every
year in the commercial sex trade.
Perceptions of human trafficking often involve women forced into prostitution. This is just
one aspect of human trafficking. Survivors of trafficking also include men and children, and
these survivors are exploited by any number of means. Victims may be forced into any of the
following types of labor, among others:1
• domestic servitude
• agricultural work
• manufacturing
• janitorial services
• hotel services
• construction
• prostitution
1
Sf-hrc.org/what-human-trafficking
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Some survivors are “mail-order” brides who believe they are going to a new country for
marriage, but instead are enslaved. All nationalities and ethnic groups are vulnerable to
human trafficking. Any given country may be a source of forced labor, a place of transit, or a
destination. 2
(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited
and any contravention of this provision shall be an offence punishable in accordance with
law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for
public purposes, and in imposing such service the State shall not make any discrimination on
grounds only of religion, race, caste or class or any of them.3
2
Ibid 1
3
Bare Act , Indian Constitution, 1950.
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Human Organs Act, 1994, apart from specific Sections in the IPC, e.g. Sections 372
and 373 dealing with selling and buying of girls for the purpose of prostitution.
State Governments have also enacted specific legislations to deal with the issue. (e.g. The
Punjab Prevention of Human Smuggling Act, 2012)4
3. The CPIO, MHA vide letter No. 24013/1/2008-ATC dated 12.3.2010 replied to the
appellant on Points No. 1, 6 and 10 along with "Advisory on Preventing and Combating
Human Trafficking in India" issued by MHA vide O.M. No. 15011/6/2009-ATC CPIO,
Ministry of Women & Child Development replied vide letter No. 10-1-2010-CP dated
17.3.2010 has forwarded appellant's RTI- request to all State Secretaries of State
Governments. CPIO, Ministry of Health & Family Welfare vide letter No. 19014/32/2008-
NACO (TI) dated 5.3.2010 replied to the appellant on Point No. 3 & 8.
4. The appellant preferred his first-appeal on 24.2.2010 before AA, Ministry of Home
Affairs, New Delhi, which was not decided by AA.
5. After hearing the parties and on perusal of relevant documents on file, it is observed that
CPIO, Ministry of Home Affairs vide letter No. 24013/1/2008-ATC dated 12.3.2010 has
replied to the appellant on Points No. 1, 6 and 10 along with "Advisory on Preventing and
Combating Human Trafficking in India" issued by MHA vide O.M. No. 15011/6/2009-ATC
CPIO and rest of the RTI-queries, which were transferred to other Ministries were also
replied to by the respective CPIOs of the Ministries. As such, the appeal is rejected.5
4
www.mea.gov.in/human-trafficking.html
5
www.indiankanoon.com
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2. State vs 1. Pushpa on 12 August, 2013
A bare perusal of charge sheet of the present case of and all other cases of similar nature of
PS Kamla Market clearly show the obvious inaction on the part of the Investigation Agency
to shield the real culprits, who may in fact be running the entire racket of human trafficking
and prostitution in the area, within their knowledge.
I, therefore, deem it necessary to direct that a copy of this judgment be sent to the
Commissioner of Police, who shall ensure that the needful is done in this regard in charge
sheets in future so that the offence of human trafficking and prostitution can be curbed by
roping in the perpetrators of these crimes. It is hence expected that in future the charge sheets
would reflect proper compliance of statutory provisions in this regard, instead of quietly
shielding the persons who may be running these rackets of human trafficking and
prostitution.6
(b) Where both the parties are under a mistake as to a matter of fact essential to the agreement
(Section 19);
(c) Where the consideration or object of the contract is forbidden by law or is of such a nature
that, if permitted, it would defeat the provisions of any law or where the object of the contract
is to indulge in any immoral activity or would be opposed to public policy. Glaring examples
of this would be where a contract is entered into between the parties for running a prostitution
racket, smuggling drugs, human trafficking and any other activities falling in that category. 7
6
Ibid 5
7
Ibid 5
8
www.indiankannon.com
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5. Bhoorabhai Lakshmanbhai ... vs State Of Gujarat & 7 on 11
August, 2016
7. Subsequently, the Supreme Court in Bachpan Bachao Andolan v. Union of India, (2014)
16 SCC 616, has inter alia directed that in case a missing child is not recovered within four
months from the date of filing of the first information report, the matter may be forwarded to
the Anti-Human Trafficking Unit in each State in order to enable the said unit to take up
more intensive investigation regarding the missing child. The Anti-Human Trafficking Unit
shall file periodical status reports after every three months to keep the Legal Services
Authorities updated. Once a child is recovered, the police authorities shall carry out further
investigation to see whether there is any involvement of any trafficking procedure by which
the child went missing, and if, on investigation, such HC-NIC Page 4 of 6 Created On Fri
Aug 12 03:09:40 IST 2016 R/SCR.A/982/2016 ORDER links are found, the police shall take
appropriate action thereupon.
8. Pursuant to the above orders passed by the Supreme Court as well as this court, further
steps appear to have been taken by the concerned authorities including taking steps for setting
up additional Anti-Human Trafficking Units. However, Mr. Himanshu Patel, learned
Additional Public Prosecutor, under instructions, states that, insofar as the Anti-Human
Trafficking Unit in Banaskantha District is concerned, the Local Crime Branch, Palanpur is
in charge of that Unit. However, despite the fact that the Local Crime Branch, Palanpur is in
charge of the investigation, till date the minor daughter of the petitioner has not been traced
out and a period of more than two years has elapsed since she went missing.9
9
Ibid 8
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CONCLUSION
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BIBLIOGRAPHY
BOOKS
P.S.A. PILLAI’S , CRIMINAL Law , (Lexis Nexis . 12th
Edition, 2014)
K. D. Gaur , Text on Indian Penal Code , Volume 3,
(Universal Law Publishing Co. 6th Edition, 2016)
SITES
http://www.indiankanoon.or
http://www.lawctopus.com
https://www.linkedin.com
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