CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

“THE HUMAN TRAFFICKING – THE BIGGEST BLOT

ON HUMANITY”
SUBMITTED TOWARDS THE FULFILLMENT OF THE COURSE TITLED

SOCIOLOGY

SUBMITTED BY: SUBMITTED TO:

SAMAR PRATAP SINGH Dr. SANGEET KUMAR

ROLLNO.- 1368 FACULTY OF SOCIOLOGY

 Human trafficking
2015
TABLE OF CONTENTS

ACKNOWLEDGEMENT ............................................................................................................ 3
II. Introduction .................................................................................................................................... 4
Aims and objectives ............................................................................................................................ 4
Hypothesis .......................................................................................................................................... 4
Research questions .............................................................................................................................. 4
Limitations .......................................................................................................................................... 4
III. Review of existing literature ....................................................................................................... 6
IV. Research methodology ............................................................................................................... 8
V. Tools of data collection ................................................................................................................... 8
observation .......................................................................................................................................... 8
Interview ............................................................................................................................................. 8
Interview schedule for traffickers ....................................................................................................... 9
Interview schedule for judges, police and rescuers.......................................................................... 11
Interview schedule for the trafficked ............................................................................................... 12
 section b .................................................................................................................................... 12
VI. Human trafficking of children : the biggest blot on humanity.................................................. 14
VII. a background study .................................................................................................................. 17
Types ................................................................................................................................................. 17
VIII. Legal provisions ......................................................................................................................... 19
Immoral Traffic Prevention Act, 1986 ................................................................................................... 21
IX. Impact analysis and steps by govt............................................................................................ 23
X. Field work and data analysis ......................................................................................................... 28
REMINISCENCE OF A TRAFFICKED..................................................................................................... 29
Data ANALYSIS .............................................................................................................................. 33
XI. Conclusion and suggestion........................................................................................................ 34

2
 Human trafficking
2015
ACKNOWLEDGEMENT

I would like to show my gratitude towards my faculties Dr. SANGEET KUMAR ,Faculty of
SOCIOLOGY ,under whose guidance , I structured my project.

I owe the present accomplishment of my project to JUSTICE PATHAK , SHO FULWARIA

MR. ASHOK RAM , and two anonymous persons, who helped me immensely with materials
throughout the project and without whom I couldn’t have completed it in the present way.

I would also like to extend my gratitude to my college librarian and all those unseen hands
that helped me out at every stage of my project.

THANK YOU,

SAMAR PRATAP SINGH

Roll No. – 1368

SEMESTER -1ST

3
 Human trafficking
2015
II. INTRODUCTION
The researcher has done this project with great caution and enthusiasm in order to bring to
light the actual picture in front of the reading fraternity. This project focuses mainly over the
human trafficking of children. Although government has taken various steps and NGOs like
Bachpan Bachao are working this regard still, nothing significant change in data is observed.
This raises a genuine doubt in the mind of the researcher. The researcher has tried to put two
and two together for accomplishing this project. The completion of this project gave a
heartfelt pain to the researcher on realising the poor condition of the victims of this human
trafficking. The pain became worst on knowing the future of rescued children. The researcher
has tried to draw a perfect picture of the present situation of human trafficking in our Bihar
region.

AIMS AND OBJECTIVES

 The researcher wants to bring to light the reality of the menace of human trafficking
of children.
 The researcher wants to find out the synchronisation and uniformity of laws and
provisions with its implementation.
 The researcher aims at finding the solution of HT of children in Bihar region.
Subsequently, the solution of this menace in the society at large.

HYPOTHESIS
 The researcher thinks the HT of children to be ever increasing.
 The children are subjected to HT for being employed in handicraft and fireworks
factory.
 The children are also subjected to work in liquor factories, mines and for begging on
traffic signals.
 The children especially the girl children are subjected to sexual exploitation and being
sold off to Middle East and western countries.
 The children are also trafficked to china for cannibalism.

RESEARCH QUESTIONS
 What is the reason behind human trafficking of children?
 How much effective the legal provisions are?
 How many children are missing and rescued in last 5 years?
 What are the purposes for doing human trafficking?

LIMITATIONS
Although the researcher had the permission from the concerned authority to visit the premises
of the jail, but still there were implied restrictions on the researcher. No digital device for
recording voice or video was allowed. For getting the accurate picture of the scene , first I

4
 Human trafficking
2015
entered the premises as an unknown visitor. The moment I entered the jail , an unknown fear
of punishment surrounded him because it is prohibited to wander in suspicious manner inside
the jail premises. The researcher was encountered by a constable who took him to the
superintendent. At first , the situation became so uncertain that it seemed that the permission
will be cancelled. But on sincere request , the superintendent allowed and helped in collecting
facts and meeting appropriate persons. The superintendent himself recommended me two
accused in HT OF CHILDREN. The researcher was there to do research work but he did not
had any official word . It was solely on the mercy of his acquaintance that the researcher
was allowed to take interview of those two accused . so, he was not allowed more than half
an hour to interrogate them. There was a constable always with the researcher to keep an eye
upon both the researcher and the accused. The notes prepared by the researcher was
thoroughly checked and instructed that several questions can’t be asked. After the completion
of the interview, again all the documents were checked minutely. After the India’s daughter
documentary incident the jail authorities remain very attentive with such interviews and when
it is question of researchers like ours, they become stricter. It is all to avoid unnecessary
problem afterwards.

5
 Human trafficking
2015
III. REVIEW OF EXISTING LITERATURE
The researcher has gone through both primary as well as the secondary sources for the
accomplishment of this project.

The primary sources consists of :

 Article 23 of the constitution of India : The article 23 of constitution of India talks

about the Prohibition of traffic in human beings and forced labour. It prohibits 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.

It also says that nothing in this article shall prevent the State from imposing
compulsory service for public purpose, 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.

It means that this article clearly envisages the fundamental right available to a person
against HT and guaranteed by the constitution. Clearly , those who violates this are
subject to punishment.

 Article 24 of the constitution of India : It also says that “No child below the age of
fourteen years shall be employed to work in any factory or mine or engaged in any
other hazardous employment”. This provision read with the Directive Principles of
State Policy contained in Articles 39(e) and 39(f), provides for the protection of the
health and strength of children below the age of fourteen years. Hence , the motion
also stands erect with the support of article 24.

 THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956: This act talks about the
prohibition of opening a brothel and indulging a child into it. It also discusses
trafficking in relation to prostitution and not in relation to other purposes of
trafficking such as domestic work, child labour, organ harvesting, etc. The following
is an outline of the provisions in this law that pertains to children below the age of 18.
The act defines child as any person who has completed eighteen years of age. Hence
this act also relates and supports the prevention of HT OF CHILDREN and women
too.

 Bonded Labour System (Abolition) Act, 1976 & Bonded Labour System
(Abolition) Rules, 1976: The object of the Act is to provide for the abolition of
bonded labour system with a view to preventing the economic and physical
exploitation of the weaker sections of the people and for matters connected therewith
or incidental thereto. Hence, it also supports the matter and prohibits the forceful HT
in a form of bonded labourer or say slavery.

The researcher also consulted secondary sources which are:

6
 Human trafficking
2015
 Human trafficking: the stakeholder’s perspective:
This book is the collection of the various lectures of the experts on the menace of
human trafficking and the social reformers. This book gives a basic idea about the
main cause of HT. The writer has given preference in bringing to light the actual
picture by making a beautiful contrast between various essays and skilfully presents
them, which makes a unique connection between the ideas propagated in subsequent
essays. This book encouraged the researcher and awakened the curiosity of exploring
the topic in the researcher. The literature on trafficking devotes a considerable amount
of space to defining the phenomenon. The numerous definitions available reflect the
lack of clarity and consensus on what precisely constitutes trafficking. Over decades,
the concept itself has evolved, to include many more attributes and features than it
began with. So much so that ‘increasingly, it has been recognised that historical
characterisations of trafficking are outdated, ill-defined and non-responsive to the
current realities of the movement and trade in people and to the nature and extent of
the abuses inherent in and incidental to trafficking’ (United Nations 2000:8). The
various definitions reflect differences in the interpretation, understanding, emphasis,
inclusion or exclusion of specific elements and attributes of trafficking. Debates,
arguments and confusions appear to be centred around the issues of consent and
movement; purpose relation with smuggling and illegal migration; and treatment of
women and children.

7
 Human trafficking
2015
IV. RESEARCH METHODOLOGY
The researcher has used both doctrinal as well as the non- doctrinal method of data collection.
The use of both the methods helped the researcher in bringing to light the adjact picture of
HT of children. The doctrinal method of research made available the legal provisions and acts
of HT OF children. It also helped in learning the rationale behind such provision. It also
helped in knowing the views of other thinkers and social reformist and activists .

Now, the non- doctrinal work helped the researcher in verifying the facts and reasons laid
down in various reports read while doctrinal research. It also helped in making a contrast
between the actual picture and the theoretical picture. This proved to be the best way of
understanding things better. Although this method was a bit challenging but still it enchanted
the eagerness of the researcher to know more and deep into the topic.

V. TOOLS OF DATA COLLECTION

For conducting the non – doctrinal work, the tools were the most essential things. The
researcher wanted to use conventional as well as digital tools for collecting most accurate
data which could be revaluated anytime afterwards. But due to certain limitations the
researcher could only use conventional tools of data collection. The researcher collected the
datas and information by interviewing and observation.

OBSERVATION
For observation the researcher went to the jail premises without disclosing his identity first.
The researcher somehow managed to enter the jail and started roaming into the jail. The
researcher was accompanied with one of his relatives who knew people there. The researcher
quietly started hearing the talks of the inmates. This is how the researcher tried to collect the
data in the most authentic and pristine form.

INTERVIEW

Since, the interviewees were either illiterate or had hectic schedule. So, they refrained from
giving information through questionnaire because it was time consuming for them. Except
one of the interviewee rest all requested to remain anonymous. Hence , The method of data
collection remained conventional and respondents chose interview to give the information
with a demand to keep their identity hidden.

8
 Human trafficking
2015
INTERVIEW SCHEDULE FOR TRAFFICKERS
 Section A:

What is your :

Name :

Age :

Home :

Educational qualification :

Family background :

Profession before :

Family income :

Marital status :

No. Of children :

Do your wife asks for luxuries?

Do they go to school? If no , why?

Note :

9
 Human trafficking
2015
 Section B:

Who brought you in HT?

Why you came in this profession?

Do you hate children in general?

What was the compulsion to come in this line ?

Why people like you do this? Is it only for money or something else.

How much money do you earn from it ?

Who give you money ?

Where this money come from?

How and with whose help you pick these children?

What do you do with them?

Do you export them?

Do government officials help in it ?

In what regard do they help you?

Don’t you fear punishment ?

How is your life? Is there any difference between life before and now?

Is your family happy with you? Do they know about your profession?

Do you like to lead normal life ?

Any suggestion

10
 Human trafficking
2015
INTERVIEW SCHEDULE FOR JUDGES, POLICE AND RESCUERS

What seems to be the average age of culprits ?

What should be the reason of their bad profession?

Do parents themselves help traffickers in this regard? If yes, why?

What do they do with them ?

What do you think? Is the numbers getting reduced? If no/yes, why?

Is the money only thing for the traffickers ?

In what circumstances do you find children?

What use to be their mind set at that time?

Do they need mental care at that time?

In what time they recover from trauma?

Is the effect long lasting and what sort of effect do they have over them?

Do the traffickers improve after jail term?

What is your views on the legal provisions regarding HT , rehabilitation programmes , role of
international NGOs and international inter-governmental organisations?

11
 Human trafficking
2015

INTERVIEW SCHEDULE FOR THE TRAFFICKED

• Section A:

What is your :

Name :

Age :

Home :

Educational qualification :

Family background :

Profession of parents :

Family income :

Marital status

Do parents are alcoholic?

Do you had ample amount of food at home?

Do you go to school? If no , why?

Note :

 SECTION B

Who brought you to the trafficker ?

Do you know him before the incident?

What did they do to you ?

Where they took you after kidnapping or purchasing?

Do your parents unhappy with you ?

Who came to your rescue?

After how much days you were freed?

What is your experience there?

Any significant thing you felt with them?

Did they behave with all? Were they alike or discriminating?

12
 Human trafficking
2015

13
 Human trafficking
2015

VI. HUMAN TRAFFICKING OF CHILDREN : THE BIGGEST

BLOT ON HUMANITY
Human trafficking is the trade of humans, most commonly for the purpose of sexual slavery,
forced labor or commercial sexual exploitation for the trafficker or others.1This may
encompass providing a spouse in the context of forced marriage,2or the extraction of organs
or tissues,3 including for surrogacy and ova removal.4 Human trafficking can occur within a
country or trans-nationally. Human trafficking is a crime against the person because of the
violation of the victim's rights of movement through coercion and because of their
commercial exploitation. Human trafficking is the trade in people, and does not necessarily
involve the movement of the person from one place to another.

Human trafficking represented an estimated $31.6 billion of international trade per annum in
2010.5 Human trafficking is thought to be one of the fastest-growing activities of trans-
national criminal organizations.6

Human trafficking is condemned as a violation of human rights by international conventions.

In addition, human trafficking is subject to a directive in the European Union.

Although human trafficking can occur at local levels, it has transnational implications, as
recognized by the United Nations in the Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children (also referred to as the Trafficking Protocol or
the Palermo Protocol), an international agreement under the UN Convention against
Transnational Organized Crime (CTOC) which entered into force on 25 December 2003. The
protocol is one of three which supplement the CTOC.7 The Trafficking Protocol is the first
global, legally binding instrument on trafficking in over half a century, and the only one with
an agreed-upon definition of trafficking in persons. One of its purposes is to facilitate
international cooperation in investigating and prosecuting such trafficking. Another is to
protect and assist human trafficking's victims with full respect for their rights as established
in the Universal Declaration of Human Rights. The Trafficking Protocol, which now has 168
parties,8 defines human trafficking as:

(a) [...] the recruitment, transportation, transfer, harbouring or receipt of persons, by means
of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of

1
"UNODC on human trafficking and migrant smuggling", Unodc.org. 2011
2
"Amnesty International - People smuggling", Amnesty.org.au. 25/10/2015
3
http://www.ecpat.org.uk/sites/default/files/forced_marriage_ecpat_uk_wise.
4
"Trafficking in organs, tissues and cells and trafficking in human beings for the purpose of the removal of
organs" , United Nations, 2009.
5
"Human trafficking for ova removal or surrogacy". Councilforresponsiblegenetics.org. 25/10/2015.
6
Haken, Jeremy. "Transnational Crime In The Developing World, Global Financial Integrity.
7
"Convention on Transnational Organized Crime". Unodc.org.
8
"UNTC", un.org.

14
 Human trafficking
2015
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, manipulation or implantation of
organs;

(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in
sub-paragraph (a) of this article shall be irrelevant where any of the means set forth in
subparagraph (a) have been used;

(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the
purpose of exploitation shall be considered "trafficking in persons" even if this does not
involve any of the means set forth in sub-paragraph (a) of this article;

(d) "Child" shall mean any person under eighteen years of age.9

Human trafficking outside India, although illegal under Indian law, remains a significant
problem. People are frequently illegally trafficked through India for the purposes of
commercial sexual exploitation and forced/bonded labour. Although no reliable study of
forced and bonded labour has been completed, NGOs estimate this problem affects 20 to 65
million Indians. Women and girls are trafficked within the country for the purposes of
commercial sexual exploitation and forced marriage especially in those areas where the sex
ratio is highly skewed in favour of men. A significant portion of children are subjected to
forced labour as factory workers, domestic servants, beggars, and agriculture workers, and
have been used as armed combatants by some terrorist and insurgent groups.

India is also a destination for women and girls from Nepal and Bangladesh trafficked for the
purpose of commercial sexual exploitation. Nepali children are also trafficked to India for
forced labour in circus shows. Indian women are trafficked to the Middle East for
commercial sexual exploitation. Indian migrants who migrate willingly every year to the
Middle East and Europe for work as domestic servants and low-skilled labourers may also
end up part of the human-trafficking industry. In such cases, workers may have been
'recruited' by way of fraudulent recruitment practices that lead them directly into situations of
forced labour, including debt bondage; in other cases, high debts incurred to pay recruitment
fees leave them vulnerable to exploitation by unscrupulous employers in the destination
countries, where some are subjected to conditions of involuntary servitude, including non-
payment of wages, restrictions on movement, unlawful withholding of passports, and
physical or sexual abuse.10

Human trafficking in India results in women suffering from both mental and physical issues.
Mental issues includes disorders such as PTSD, depression and anxiety. The lack of control

9
"United Nations Convention Against Transnational Organized Crime And The Protocols Thereto"
10
"India". Trafficking in Persons Report 2008. U.S. Department of State (4 June 2008).

15
 Human trafficking
2015
women have in trafficking increases the risk of a victims likeness to suffer from mental
disorders. Women who are forced into trafficking are at a higher risk for HIV, TB, and other
STD's. Condoms are rarely used and therefore there is a higher risk for victims to suffer from
an STD. Filmmaker Manish Harishankar has taken the subject of Child trafficking in India in
his film Chaarfutiya Chhokare intensively and shown this problem, nexus, modus operandi
and repercussions.Vineet Srinivasan also made a movie "Thira" having Shobhana as the
protagonist and strongly portraying incidents describing Human Trafficking.

16
 Human trafficking
2015
VII. A BACKGROUND STUDY
There are many contributing factors to child trafficking, which include economic deprivation,
conditions, lack of employment opportunities, social status, and political uprisings. Many of
the families in India are unable to afford the basic necessities of life, which forces the parents
to sell their children off to gangs, and the gangs to exploit them. Having approximately half
of those in India living under the poverty line,11 this results in desperate measures being taken
to make any money they can. As there aren’t even decent employment opportunities
available, parents will do anything from sweeping the streets to selling their kids, even if it
only makes them a few rupees. The fact is that children, particularly girls, are more
vulnerable than adults, making them an easier target and a commodity for gangs. They are
looked upon as more expendable than the rest of the population which makes them available
as objects to be sold. Another cause of sexual exploitation is that people around the world
find pleasure in the outcomes of this abuse, therefore causing a demand for it. Political
uprisings lead to a demand for soldiers, and as children are more vulnerable, they are forced
to conscript and use their bodies as sacrifices.

TYPES
Labour

Legally, children in India are allowed to do light work, but they are often trafficked for
bonded labour, and domestic work, and are worked far beyond what is allowed in the
country. They are often forced to work, in the use of contraptions that bound them to be
unable to escape and then forced to submit to control. Others may be bound by abuse whether
physical, emotional, or sexual.12 Those forced into labour lose all freedom, being thrown into
the workforce, essentially becoming slaves, and losing their childhood.

Illegal activities

Children, over adults are often chosen to be trafficked for illegal activities such as begging
and organ trade, as they are seen as more vulnerable. Not only are these children being forced
to beg for money, but a significant number of those on the streets have had limbs forcibly
amputated, or even acid poured into their eyes to blind them by gang masters. Those who are
injured tend to make more money, which is why they are often abused in this way.13Organ
trade is also common, when traffickers trick or force children to give up an organ.

Sexual exploitation

Sexual exploitation is an issue that is faced among many developing countries and is defined
as “the sexual abuse of children and youth through the exchange of sex or sexual acts for
drugs, food, shelter, protection, other basics of life, and/or money”.14 Often young girls are
taken from their homes and sold as items to become sex slaves and even forced into
prostitution. This may seem bad enough, but sexual exploitation is not always forced. Out of

11
http://www.wsws.org/en/articles/2010/08/indi-a02.html
12
http://www.ungift.org/knowledgehub/en/about/trafficking-for-forced-labour.html
13
http://www.dalitfreedom.org.au/trafficking/child-beggars.html
14
http://host.jibc.ca/seytoolkit/what.htm

17
 Human trafficking
2015
desperation, some parents will even sell their kids off to be sexually abused, in order to be
able to acquire the basic necessities of life. As the parents are likely to have been sexually
abused as children, generations to come are forced to live in this seemingly never-ending
cycle of selling their children into sexual exploitation and abuse.

prevalence

Child trafficking takes place all around India. There have been reports from many areas about
the increase of trafficking taking place in India. According to the US State Department, there
are approximately 600,000 to 820,000 people trafficked a year across international borders,
and up to 50% of those are children.15 This is definitely seen as a growing issue in Asia, with
the many children that are and continue to be trafficked for many reasons as well as being
exploited.

In 2005, a study was conducted by the National Human Rights Commission of India (NHRC)
after they received an alarming number of reports from the press, police, and non-government
organisations (NGOs) about the rise of human trafficking within India. They found that India
was fast becoming a source, transit point and destination for traffickers of women and
children for sexual and non-sexual purposes. The areas of the greatest concern were poverty
stricken areas such as Andhra Pradesh, Bihar, , Uttar Pradesh, Maharashtra, Madhya Pradesh,
Rajasthan, Orissa and West Bengal.

15
http://www.cityvision.edu/wiki/human-trafficking-definition-prevalence-and-causes

18
 Human trafficking
2015
VIII. LEGAL PROVISIONS
At the time of the adoption of the Constitution there was hardly anything like slavery or the
widespread practice of forced labour in any part of India. The National Freedom movement,
since the twenties of this century, had been a rallying force against such practices. However,
there were many areas of the country where the "untouchables" were being exploited in
several ways by the higher castes and richer classes.16For example, in parts of Rajasthan in
Western India, which was in pre-Independence days a cluster of Princely States, there existed
a practice under which labourers who worked for a particular landlord could not leave him to
seek employment elsewhere without his permission. Very often this restriction was so severe
and the labourer's dependence on the "master" was so absolute that he was just a slave in
reality. The local laws had supported such practices. Evils like the Devadasi system under
which women were dedicated in the name of religion, to Hindu deities, idols, objects of
worship, temples and other religious institutions, and under which, instead of living a life of
dedication, self-renunciation and piety, they were the life-long victims of lust and immorality,
had been prevalent in certain parts of southern and western India. Vestiges of such evil
customs and practices were still there in many parts of the country. The Constitution makers
were eager to proclaim a war against them through the Constitution as these practices would
have no place in the new political and social concept that was emerging with the advent of
independence. Articles 23 and 24, through Fundamental Rights, lay dormant for almost thirty
two years after the Constitution came into force and there was hardly any significant judicial
pronouncement concerning these constitutional provisions. Since 1982, however, these
articles have assumed great significance and have become potent instruments in the hands of
the courts to ameliorate the pitiable condition of the poor in the country. According to article
23(1), traffic in human beings, 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. Article 23(1) proscribes three unsocial practices, viz., (a) Begar (b) Traffic in human
beings1; and (c) Forced labour. A significant feature of Article 23 is that it protects the
individual not only against the State but also against private citizens.

Traffic in human beings: The expression „traffic in human beings‟ commonly known as
slavery, implies the buying and selling of human beings as if they are chattels, and such a
practice is constitutionally abolished Traffic in women for immoral purposes is also covered
by this expression
(3) Forced Labour: The words „other similar forms of forced labour‟ in Article 23(1) are to
be interpreted ejusdem generis. The kind of „Forced Labour‟ contemplated by the Article has
to be something in the nature of either traffic in human beings or begar. The prohibition
against forced labour is made subject to one exception. Under Article 23(2) the State can
impose compulsory service for public purposes.
Similar forms of Forced Labour Every other similar form of forced labour is prohibited by
Article 23(1) Bonded Labour is an instance of forced labour. The State is to warrant
necessary compliance from the private individuals and to ensure that Fundamental Rights are
not violated and strictly observed by the private individuals when the persons complain of

16
Indian Constitutional Law by Prof. M.P. Jain pg 1712

19
 Human trafficking
2015
such violation belongs to the weaker section of humanity and are unable to wage a legal
battle against a strong and powerful opponent who is exploiting him.

In Peoples Union for Democratic Rights v Union of India17, the Supreme Court held that
Article 23(1) would strike at forced labour in whatever form it might manifest itself. It thus
prohibited not only begar but also prohibited compelling all unwilling labour, whether paid or
not. Any amount of remuneration paid to a person will be immaterial if labour is forced upon
him.
9 In Bandhua Mukti Morcha v. Union of India18, the Supreme Court observed that the
failure of the State to identify the bonded labourers, to release them from their bondage and
to rehabilitate them as envisaged by the Bonded Labour System (Abolition) Act, 1976,
violated Articles 21 and 23.the Court held that „bonded labour‟ a crude form of forced labour
was prohibited by Article 23. In Neeraja Choudhary v. State of M.P19, the Supreme Court
directed the State to identify and rehabilitate the bonded labourers as the court apprehended
that if they are not rehabilitated then they would soon relapse into the state of bondage. The
imposition of forced labour on a prisoner will get protection from the ban under Article 23 of
the Constitution, only if it can be justified as a necessity to achieve some public purpose. It is
said that hard labour imposed on proved offenders would have a deterrent effect against
others from committing crimes and thus, the society would, to that extent, be protected from
perpetration of criminal offence by others.

Article 23 of the Constitution prohibits forced labour and mandates that any contravention of
such prohibition shall be an offence punishable in accordance with law 20. While ban against
traffic in human beings is absolute, the prohibition against forced labour is made subject to
one objection i.e. the State is permitted to impose compulsory service if such service is
necessary for public purpose. During the making of the Constitution some exception was
thought of in the original draft and after a full debate the Constituent Assembly headed by
Dr.B.R. Ambedkar adopted sub clause (2) regarding „pubic purposes‟.

Most of the Fundamental Rights operate as limitations on the power of the State and impose
negative obligations on the State not to encroach on individual liberty and the rights are only
enforceable against the State. But there are certain Fundamental Rights which are enforceable
against the whole world egs. Articles 17, 23 and 24. Article 23 is not limited in its application
against the State but strikes as such practices wherever they are found and thus, the sweep of
Article 23 is wide and unlimited. Although Articles 23 and 24 lay down definite provisions
against trafficking and child labour, the weaker sections of the society are still faced by such
grave problems. Punishable by law, these acts are now legitimately bound by legal actions of
the Parliament in the form of Bonded Labour Abolition Act of 1976 and the Child Labour
Act of 1986, along with the ground rules and provisions stated in the Right against
Exploitation act. Awareness must be spread that child labour is not acceptable and this

17
(AIR 1982 SC 1473)
18
(AIR 1998 SC 3164)
19
(AIR 1984 SC 1099)
20
D. J. De ,The Constitution of India,1179

20
 Human trafficking
2015
awareness shouldn‟t be restricted to just advertisements in newspapers. It should spread to
villages. Women‟s groups should be formed to take care of underprivileged women and girls.
I think, we, the youth, can bring about a major change if we choose to. Only then can India
become a nation where all its citizens live a life of equality, without fear of exploitation. In
my opinion, the principle of equality before law, equal protection of laws, and any other
fundamental right for that matter, would have no meaning if one‟s life is under subjugation,
and at the mercy of another man. Even though this fundamental right does assure citizens
protection of the government, India still has a long way to go on the path of achieving zero
exploitation.

IMMORAL TRAFFIC PREVENTION ACT, 1986

In 1950 the Government of India ratified the International Convention for the Suppression of
Immoral Traffic in Persons and the Exploitation of the Prostitution of others. In 1956 India
passed the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA). The act
was further amended and changed in 1986, resulting in the Immoral Traffic Prevention Act
also know as PITA. PITA only discusses trafficking in relation to prostitution and not in
relation to other purposes of trafficking such as domestic work, child labour, organ
harvesting, etc. The following is an outline of the provisions in this law that pertains to
children below the age of 18.

The act defines child as any person who has completed eighteen years of age. The first
section of the act has provisions that outline the illegality of prostitution and the punishment
for owning a brothel or a similar establishment, or for living of earnings of prostitution as is
in the case of a pimp. Section five of the act states that if a person procures, induces or takes a
child for the purpose of prostitution then the prison sentence is a minimum of seven years but
can be extended to life. To ensure that the people in the chain of trafficking are also held
responsible the act has a provision that states that any person involved in the recruiting,
transporting, transferring, harbouring, or receiving of persons for the purpose of prostitution
if guilty of trafficking. In addition any person attempting to commit trafficking or found in
the brothel or visiting the brothel is punishable under this law.

If a person if found with a child it is assumed that he has detained that child there for the
purpose of sexual intercourse and hence shall be punishable to seven year in prison up to life
imprisonment, or a term which may extend to ten year and also a maximum fine of one lakh
rupees. If a child is found in a brothel and after medical examination has been found to have
been sexually abused, it is assumed that the child has been detained for the purpose of
prostitution.

Any person committing prostitution in public with a child shall be punishable to seven year in
prison up to life imprisonment, or a term which may extend to ten year and also a maximum
fine of one lakh rupees. If prostitution of a child is being committed with knowledge of an

21
 Human trafficking
2015
establishment owner such as a hotel the license of the hotel is likely to be cancelled along
with the given prison sentence and/or fines.

Any child found in a brothel or being abused for the purpose of prostitution can be placed in
an institution for their safety by a magistrate. Landlords, leasers, owner, agent of the owner
who unknowingly previously rented their property to a person found guilty of prostituting a
child, must get approval from a magistrate before re-leasing their property for three years
after the order is passed.

In 2006, the Ministry of Women and Child Development proposed an amendment bill that
has yet to be passed. The amendment does not really concern any of the provisions related to
the child but has many important consequences for the right of women sex workers. 21

21
www.protectionproject.org/wp-content/uploads/.../India_Acts_1986.

22
 Human trafficking
2015
IX. IMPACT ANALYSIS AND STEPS BY GOVT.
The impact of the experience of trafficking on the physical and mental health of the victims
has
not been properly documented and analysed (Government of Sweden 2001). Reports about
the
consequences vary, depending on whether the end purpose is included in the adopted
definition of
trafficking. Thus, some studies may include instances of human rights violation that occur at
the
destinations; others may not. Trafficking has health, social, legal and economic effects on the
victims (Wennerholm 2002).
Individual
Trafficked persons are reportedly traumatised by their experiences. Depression and suicidal
thoughts are commonly reported. The mental and emotional state of the survivors may
include malevolence, helplessness and withdrawal; disassociation; self-blame and
identification with the aggressor; distraction; a foreshortened view of time; normalisation and
shaping, whereby the victims convince themselves that their experiences had to happen
instead of viewing them as traumatic 22. Some of the psychiatric disorders among survivors of
trafficking are listed as posttraumatic stress disorder, depressive disorder, dissociative
disorders, psychotic disorders and eating disorders 23Girls are made to bear the responsibility
of upholding the family honour through their sexual purity/chastity .24If they are trafficked
into CSE (commercial sexual exploitation), they face additional stress because of the
prevalent morality.
Besides being stigmatised as outcasts and facing moral and legal isolation25,
trafficked people are vulnerable to HIV/AIDS infection;11 drug addiction; and high-risk
abortions
and teenage pregnancies, which may affect their reproductive health for life. A study by an
NGO
in Dhaka found that ‘more than 20 per cent of street children prostitutes die before reaching
adulthood…. Almost 22 per cent become physically invalid and are fit only for begging’
26
Psychological trauma permeates all aspects of their lives. Since it usually remains
unaddressed and unresolved, ‘the abused turn into abusers’27 ,with a high probability of them
becoming criminals. The consequences of being in ‘child labour’ and its adverse impact on
the development of children are well documented.

The victims of trafficking are compelled to lead illegal lives. Illegality taints every dimension
of their lives, converting into criminals. Their criminalisation as workers and persons
severely stigmatizes them. It intensifies their victimization several folds and leaves them with

22
Saarthak 2002: 3–6
23
ibid.: 7.
24
ISS 2003c.
25
Giri 1999: 68
26
SOS 2001: 22.
27
ibid.

23
 Human trafficking
2015
no recourse for redress28. There is also a viewpoint which is generally not expressed in the
literature on trafficking. It argues that
there are conflicting aspects to the social impacts of trafficking, as for many
women, trafficking episodes, while causing harm, also removed them from
otherwise oppressive circumstances. Thousands of women, who have returned,
but remain silent about their experiences, especially concerning CSW, may have
brought back not only some savings, but also more experience of the world.
Some of these women have managed to turn these experiences into personal
empowerment within their communities,29

Society
The crime of trafficking involves the violation of a whole gamut of laws and human rights. It
becomes a threat to society because traffickers operate across borders with impunity, with the
growing involvement of organised criminals and by generally undermining the rule of law.
Trafficking
‘threatens the very fabric of society’ because it involves not only criminals but also law
enforcers.
It manifests and perpetuates patriarchal attitudes and behaviour, which undermine the efforts
to
promote gender equality and eradicate discrimination against women and children 30. This is
illustrated by reports from Albania, which ‘document villages where nine in 10 girls
over 14 stay away from school because they are afraid of being trafficked’. Thus, this fear
‘alters
the choices that girls make about their futures’ 31Similar instances have been
reported in the survey by BNWLA.
A study by Asian Development Bank notes that the ‘economic losses to communities and
governments are enormous if considered in terms of lost returns on human or social capital
investments. The cost of countering criminal trafficking activities puts additional strain on the
already limited government resources for law enforcement. A vast amount of potential
income from
trafficked labour is lost in ‘hidden’ sectors’. Specific communities may become
32

known as potential sources for people if following each other’s example, communities start a
trend
of sending their children and women out.
The loss of future productivity and earning power through low educational
levels, ill health and potentially premature death is also felt at the country and
regional level. Poor nations can ill afford to lose their young people, whose
present and future productive capacity is essential to growth…. The ravage of
disease, including HIV/AIDS, is also an enormous burden on such countries

28
Sanghera 2002: 8–9.
29
ADB 2002: 46.
30
ADB 2002:45.
31
ILO 2002a: 29.
32
Supra at 29.

24
 Human trafficking
2015
and causes further imbalances between the young and middle-aged potential
workforce (most likely to be affected) and older people dependent on them33.

In 1998, between 5,000 and 7,000 Nepalese girls, some barely 9–10 years old were
trafficked into the red light districts in Indian cities, and 200,000 to over 250,000 Nepalese
women and girls were already in Indian brothels.

According to UNICEF, 12.6 million children are engaged in hazardous occupations.

In 2009, it was estimated 1.2 million children are trafficked worldwide for sexual
exploitation, including for prostitution or the production of sexually abusive images

Only 10% of human trafficking in India is international, while almost 90% is interstate.
Nearly 40,000 children are abducted every year of which 11000 remain untraced according to
a report by the National Human Rights Commission of India.

NGO’s estimate that 12,000-50,000 women and children are trafficked into the country
annually from neighbouring states for the sex trade.

There is an estimated 300,000 child beggars in India

Every year, 44,000 children fall into the clutches of the gangs.

ACTION PLAN OF BIHAR GOVERNMENT :

Activities:

Objective 1 : Prevention

Empowerment of women and children from selected communities and areas to reduce their
vulnerability to being trafficked .

Activities:

✓ Creation of women groups in most of the villages for awareness generation along
identified vulnerable districts.

✓ Skill building of women groups to develop them as vigilance committees.

✓ Organise initial consultations with

Primary:

 At-risk communities, Women and girls in identified districts of Bihar

 Rescued trafficked survivors
 Children with no parental support

33
Supra at 31.

25
 Human trafficking
2015
Secondary:

 vigilance committees regarding role clarifications, implementation mechanisms.

✓ Identification and training of Community key persons to raise awareness on trafficking

✓ Activation and regular monitoring of vigilance committees.

✓ Establishing information booths in trafficking prone and transit areas for promoting safe
mobility and health.

✓ Training a core of trainers from affected groups and stakeholders. Establishment of local
child support system at district level :

✓ Climate building initiative by visiting the communities and instrumental sing the network
of Diocese and other religious institutions

✓ Preparing environment of children's participation in existing institutions.

✓ Interaction with children and government functionaries and civil society to identify and
bridge the gap in service delivery system.

✓ Establish a channel of communication amongst stakeholders.

✓ Establishment ofchild support system in 8 identified districts.

✓ Formation of local level committee to monitor the activities with representatives from all
concerned stakeholders, including children themselves.

Objective 2: Prevention

Activities:

To strengthen and promote future sustainability of this program by providing capacity

building initiatives on issues related to trafficking and safe migration with Government

level officials, Block level, panchayat level officials and other administrative members.

✓ Small advocacy meeting with the key stakeholders.

✓ Training of project implementation staff of different NGOs and faith-based

institutions prior implementing the project.

✓ Meeting with the top level border security force officials of the both side of the

border for prevention oftrafficking.

✓ Legal orientation workshop for key stakeholders.

26
 Human trafficking
2015
✓ Training ofadministrative officials ranging from level ofblock to districts.

✓ Advocacy program involving key stakeholders, law enforcement agencies,

implementation partners.

✓ Joint cross border meeting involving key stake holders and NGO workers from the

both side ofthe border.

✓ Network meeting ofNGOs implementing the project along the Indo Nepal border.

Objective 3: Protection

Activities:

To strengthen, communications, outreach and networks for effective advocacy to

address issues related to trafficking.

✓ Detailed Resource mapping of the area

✓ Resource mapping for making list of organisations, NGOs, institutions, capacity,area of

work, expertise experience linkages etc

Advocacy & Networking: Cross-cutting issues

Activity

✓ The an issue out come for policy of the level multi reform . Stakeholders' meet pertaining
to child provision will make

✓ Media advocacy to bring to the notice of general masses and to put pressure on
government for appropriate action.

✓ Effective workable horizontal networking with NGO and other group working at grass
root level to ensure the enforcement of legal provisions.

✓ Partnering with State Government through interface with their counterpart like
Department of Welfare, Police, Judiciary, Department of Labour, etc.

✓ Organizing focused consultation with different stakeholders including NGO head, Media,
Police, Administration, Civil society, faith based groups etc.34

34
Report of the consultation on tackling newer emerging vulnerabilities leading to trafficking in children and
women in Bihar.

27
 Human trafficking
2015
X. FIELD WORK AND DATA ANALYSIS

This research on Trafficking in Women and Children was done with the aim of understanding
the trends and patterns of trafficking, studying the demand situations and the vulnerability
factors, and looking into the response by the various concerned agencies. The preceding
chapters have presented the data collected by the researcher.

The researcher went to a small prison near DEEP NAGAR, PAWAPURI, NALANDA ,
BIHAR. This prison is a temporary captive for the accused of various crimes. The inmates of
the prison are basically under trial accused of murder, rape, kidnapping, extortion and the
most relevant crime to this project – trafficking in children and women. The researcher had
no expressed official word from any of the higher authorities. Since, the in-charge of the
prison was a distant relative of the researcher; he allowed the research work with a pre-
condition that no audio-visual will be allowed. The in-charge also instructed to keep the name
of his and the other persons hidden.

The researcher before meeting the in-charge wandered here and there with in jail premises.
He tried to observe the atmosphere among the inmates. The people in jail were so normal and
happy that no one can say they are in jail. To my surprise, while crossing one of the cells, the
researcher was asked for matchbox. Fighting, abusing and unnecessary pandemonium was
the normal course. The researcher also saw two very young boys in the jail. Upon enquiring,
they abused the researcher and told in their local dialect that they had stolen the vacuum tank
of the goods train. They were behaving as if they had been rewarded for their bravery. The
most notorious cell was that of the most dreadful criminal. Someone told the researcher that
his name was BUTA. He is said to have handling sex rackets from the jail premises. No one
dares to disturb him. When the researcher was crossing BUTA’s cell , he saw a mobile being
charged from the wire drawn from the bulb holder .

Just then the researcher was asked by the patrolling constable to show his identity and was
taken to the in-charge. The in-charge scolded the researcher for wandering in the jail
premises near the accused cells without permission. He refused the further permission to
carry out the research work.

Upon requesting he agreed to grant permission. But the scope of liberty to interrogate the
inmates got restricted and was allowed under the presence of a constable. The in-charge also
checked thoroughly the interview schedule and prohibited few questions from being asked.
He suggested two inmates whose names were kept secret by the in-charge. But the researcher
somehow came to know the names of both the accused – Bhikhari yadav and Munna.
Bhikhari yadav is accused of kidnapping his neighbour’s 13 years old daughter, raping her
and cutting off her body organs for selling in market.

Munna is accused of supplying girls of young age to agents in big cities like Delhi and
Kolkata. He dupes them by promising to give high paid jobs. Those agents sell them to 5 star
hotels for “night service” and also send them to Middle East countries.

28
 Human trafficking
2015
The researcher also interviewed the SHO FULWARIA Mr. ASHOKA RAM. He is an
experienced cop. In early years of his service, he busted several sex rackets and trafficking
gangs active in four states (e.g. BIHAR , UP,JHARKHAND and MP). He poured all his life
experience and helped the researcher in making the project a success.

The researcher also got an opportunity of interviewing justice Pathak of Bihar Judicial
Academy. He is an accomplished teacher and a scholar in IPC. He was posted in santhal
pargana before division of Bihar. He has a rich experience of handling cases related to the
trafficking. The researcher gained a lot from his experience and tried to benefit this research
work from that information.

REMINISCENCE OF A TRAFFICKED
The researcher could not meet any trafficked child but he found reminiscences of a trafficked
child at the age of 11. This is a story of a girl trafficked for sexual exploitation . she was
rescued by FBI.

Last month, the FBI announced the results of Operation Cross Country V, a 40-city
investigation that led to the rescue of 69 children who were being victimized through
prostitution. More than 800 people, including 99 pimps, were arrested.

According to the FBI, more than 100,000 children are sold for sex in the U.S. each year. In a
two-part series, Youth Radio takes a look at the problem of child prostitution in the U.S.
Today, two young women who recently escaped what's called "the game" share their stories.

"I'd wake up at 5; I'd be outside by 5:30," says Brittney, 19. "I would just wait and see what
happened, whether it'd be in the streets or whether I'd be on the Internet. And then I won't be
able to come back inside until like 2 o'clock in the morning, so I'd get only, like, three hours
of rest."

Brittney, a former sex worker, agreed to share her story under the condition that her real
name not be used. She's a native of Oakland, Calif., and only recently out of what's called
"the game." Less than a year ago, Brittney was being forced to work as a prostitute on the
Internet and on the streets of Oakland.

"I got kidnapped when I was 15," says Brittney. "I decided to cut school one day. I was in
Oakland, on Havenscourt and Foothill, and all I heard was, 'Man, go get that girl!' And one of
them came out and dragged me by my hair, and he pulled me into the car."

Child Prostitution In The U.S., By The Numbers

100,000-300,000: The number of children sold for sex in the U.S. each year

12-14: The average age at which girls first become victims of prostitution

11-13: The average age at which boys and transgendered youth enter into prostitution

29
 Human trafficking
2015
55 percent: The proportion of girls living on the streets in the U.S. engaged in formal
prostitution

30 percent: The proportion of youth living in shelters who are sexually exploited

75 percent: The proportion of girls engaged in prostitution who are working for a pimp

One-fifth: The fraction of exploited children who are trafficked nationally

$150,000-$200,000: The amount a pimp can make each year, per child

76 percent: The proportion of transactions for sex with underage girls conducted via the
Internet

Brittney was the victim of a so-called guerrilla pimp — a person, usually a man, who uses
force and fear to traffic women, many of whom are underage. Oakland police estimate that a
third of teenage girls working in prostitution were abducted and forced onto the streets the
way Brittney was.

She says that after she was kidnapped, at least six men gang-raped her. She was then driven
to Sacramento, where her 32-year-old pimp put her out on the street as a prostitute. He took
her phone, told her not to talk to anyone but "johns," and had his sister watch her so she
wouldn't run. She was shuttled back and forth to work Oakland's red-light district.

A 'Romeo Pimp'

Darlene, whose name has been changed as well, came into "the game" a different way.

She entered her teens around the same time her native Oakland, as part of the San Francisco
Bay Area, was named by the FBI as one of the 13 national hot spots for child prostitution.

Classmates talked about their boyfriends who had lots of money, and — like most kids in the
Bay Area — she listened to music by Oakland rappers, whose lyrics about pimping
glamorized "the game."

"A lot of it is glorified," says Darlene. "Oh, you're from Oakland. Everybody has dreads;
everybody goes dumb; we pop pills, smoke a lot of weed; parties, sideshows and hos."

If you're not part of the scene, it's hard to believe that prostitution has become normal for so
many in Oakland and other cities. But many see it as an alternative to desperate home lives,
friends getting shot, no food on the table and absent parents. And pimps take advantage of
that.

Darlene became a prostitute at the hands of what Oakland police call a "Romeo pimp." Now
18, she moved in with her boyfriend when she was 14, after she was kicked out of the house.

"On my 15th birthday, he was like, 'Well, you know, since you'll be staying with me, we need
more food. We need to find a way to get some money'," says Darlene. "He's the one that, like,
introduced me to prostitution, and I didn't see anything wrong with it."

30
 Human trafficking
2015
Darlene says she later found out her then-18-year-old boyfriend had pimped other girls
before. When he became her pimp, Darlene says, he told her what to do to make money. "
'This is how you look at the guys; this is what you tell them; these are what cars to stay away
from; this is how much you charge.' "

On 'The Track'

International Boulevard, one of Oakland's busiest streets, is what pimps call "The Track." In a
50-block span on one recent day, there were some 20 girls. Some of them were posted on
street corners; others were hanging by bus stops, or just walking the same blocks over and
over.

The guys who work at one of the many taco trucks on International Boulevard say that every
day, pimps use their parking lot to drop off girls and hang out. They say it's common to see
pimps beating girls.

While most Oakland residents drive by and don't think twice about what's going on here, the
people in this neighbourhood do.

"They're always there," says Frank Pardo, whose mother owns Yoyi's Bridal shop. "You
always see them, and some of them are quite beautiful, looking like straight models."

Just down the street, a teenage girl in a short red dress is crying on a bench. She has blood
coming from her mouth. A business owner who runs a clothing store says he saw the whole
thing: The man who punched the girl appeared to be her pimp, and stole her purse.

The witness would not identify himself by name, for fear of retribution from sex traffickers.
That's the same reason he gave for not calling the police.

Brittney and Darlene each survived the many months they spent turning tricks on
International Boulevard and meeting johns through the Internet. Brittney says her pimp got
her hooked on drugs to keep her working around the clock and eating only one meal a day,
usually a burger from McDonald's.

"It's not the best deal to have sex with 15 different guys in one day and only get a
cheeseburger at the end of it," says Alameda County Assistant District Attorney Sharmin
Bock. Bock compares the girls' situation to being brainwashed by a cult.

"Remember Guyana and Jim Jones, where everybody's drinking that Kool-Aid drink? Well,
that's exactly what these girls have had. Let's call it pimp juice. They've all had it, and they
can't see past either their affection for their trafficker, or their fear of him," says Bock.

A History Of Violence

According to a recent survey of social service providers in Oakland and the rest of the
county, 61 percent of the teen prostitutes they see say they were raped as children.

31
 Human trafficking
2015
That's what happened to Brittney. She says she was raped by her stepfather and years later by
her trafficker. Brittney tries to understand how she kept going back to her pimp.

"I knew what he was capable of," she says. "He'd beat me and he'd rape me, he'd beat me and
he'd rape me, and I just kept going back until I ended up being pregnant by him. And he beat
me so bad that I ended up having a miscarriage."

"I got shot at quite a few times," says Darlene, who had been arrested for prostitution and
robbery in the year after she ran away from her father's house. She wanted to go home.

"I used to fantasize about boys that are gangstas. 'Oh, they get hecka money and they're just
gangsta and cute, and it's cool,' " says Darlene. "That's OK when you're in high school. After
that, what are you gonna do with your life? You're gonna be in jail or you're gonna be dead,
and I don't want part of either one of those."

A New Life

After her last arrest, Darlene joined a program that transitions girls off the streets. Brittney
got out, too, shortly after she had the miscarriage.

"Six days later — it was a Sunday — and he put me on East 14th. I told him that I didn't want
to be out on Sundays because I had a bad feeling about Sundays. And I saw my aunt. And my
aunt ended up snatching me up and putting me in the car. And then she took me to my mom's
house," says Brittney.

"Two days later, police came knocking on my door, saying I had a warrant."

That warrant put Brittney back in jail for prostitution and, like Darlene, she enrolled in a
community program.

It's been less than a year since Brittney and Darlene turned their lives around. Now they are
both working with community organizations to help other girls escape sex trafficking.
Darlene and Brittney consider themselves survivors, navigating a new life.

"I got back in school and I graduated high school with, like, 20 extra credits," says Darlene,
who has two jobs and is planning to attend college. "When I was 15, I didn't see myself alive
at the age of 18. And now I am 18, and I can look back and say, 'You know, I've been through
all that, and I've come out of it.' It feels wonderful."35

35
Justice Department, National Center for Missing and Exploited Children, Demi & Ashton Foundation

32
 Human trafficking
2015
DATA ANALYSIS
The researcher, after going through the facts collected from the interviewing the scholarly
people and the two accused, understood the basic reason behind the menace of trafficking.
There are several reasons of committing trafficking. It may be money, revenge, medical
emergency, sadist mind set and sexual desire etc. But the most prevalent reason is money.
People committing trafficking are generally of lower economic background. They commit
this to meet their monetary needs. The data shows that it is very difficult to understand the
actual reason behind trafficking. It may happen that there may be several reasons behind the
act as in the case of Bhikhari Yadav. The trafficking is also supported in ignorance of the fact
that it is wrong by the parents of the children. The steps taken by the government is still far
away from showing any significant change.

The researcher after analysing the information say that the life of the trafficked completely
ruins. It is totally uncertain that the condition of the rescued will improve in future or not.
The organisations working in this regard says that the confidence level of trafficked
completely erodes after the incident. It also make some kids or girls mentally ill. The menace
always fluctuates in numbers. The government always shows that the numbers are dwindling.
But after analysing the data available , it can easily be made certain that the method of
collecting the data changes each time. This makes fluctuation in numbers. The information
collected brings to light an astonishing fact that to decrease the numbers the state
government officials don’t register the complaints. It raises finger over all the data and
surveys collected by the government machinery.

The researcher ,after going through the information, considers the habit of drinking, drugs
and smoking to be the major reason for trafficking. The traffickers who are in habit of these
bad elements take wrong turn in order to arrange money for their drugs, liquor and smoking
stuffs. They could not understand its implication under the influence of the drugs and liquor.

So, there are a lot of reasons for committing trafficking. The solution are meagre in this
regard. The agencies working in this field is also seems to be dwarf in from of the giant
problems.

33
 Human trafficking
2015
XI. CONCLUSION AND SUGGESTION
The Research on Trafficking in Women and Children has been multidimensional, addressing
different aspects and dimensions of trafficking. The focus of the research has been on the
process of trafficking rather than the purpose of trafficking. The study, carried out by the
concerned researcher , has proposed excellent initiatives which will start making desirable
and positive impacts in addressing the problem. These good practices are indicators of what
needs to be done in situations where things go wrong. This study has also taken up several
issues which remained unacknowledged and has exposed many shortcomings, rights
violations, and insensitivity in the response system. Since the research has collected data and
identified a spate of problems and challenges, and a host of good and bad practices, it is a
Herculean task to compile and analyse them in a holistic manner. The suggestions and
recommendations included in this chapter are not exhaustive, though efforts have been made
to identify the important issues and list out the suggestions and recommendations that are
required to address them. The readers have the added advantage of going back to the chapters
in this research work and identifying areas for further action, as per their priority, orientation
and requirement. Many of the suggestions and recommendations given below are reflective
of the action programmes that have been facilitated, promoted, organised and/or catalysed by
the NHRC, the ISS, the National Study Team and the field researchers. In fact, this research
and the related action programmes will create a lot of momentum in the anti-trafficking
initiatives, which need to be sustained with vigour, speed and commitment. These things
should be researched and improved in order to achieve the desired result.

Suggestions :

 Importance of Human Rights

 Understanding the concepts and issues
 Notifying the Advisory Body
 Multidisciplinary approach in combating trafficking
 National Nodal Agency
 NGO Coordination at the national level
 Mainstreaming anti-trafficking into the agenda of Professional bodies
 Integrating anti-trafficking issues in the training curriculum
 Bilateral trans-border cooperation
 Vulnerability mapping of the source areas
 Vulnerability mapping of the demand areas
 Public awareness campaigns
 Sensitisation of adolescents
 Role of Family and Psycho-social intervention
 Combating sex tourism
 Role of Media
 Minimum standards during rescue and post-rescue activities
 Segregation of victims from exploiter and Stringent action against exploiters
 Medical care and attention for the rescued persons

34
 Human trafficking
2015
Bibliography

Books :

The constitution of india

Juvenile justice act ,2000

Human Trafficking: A Global Perspective, Louise Shelley (2010), Cambridge University

Press.

The Constitution of India, D. J. De

Indian Constitutional Law by Prof. M.P. Jain

Human trafficking :the stakeholder’s perspective by virendra mishra (2010)

Reports :

Report of the consultation on tackling newer emerging vulnerabilities leading to trafficking in

children and women in Bihar.

A report on trafficking of children and women 2002-2003 by P.M. Nair , researcher –

principal coordinator

Website:

http://www.ecpat.org.uk/sites/default/files/forced_marriage_ecpat_uk_wise.

http://pib.nic.in/newsite/PrintRelease.aspx?relid=104002

http://www.childlineindia.org.in/child-trafficking-india.htm

http://www.wsws.org/en/articles/2010/08/indi-a02.html

http://www.ungift.org/knowledgehub/en/about/trafficking-for-forced-labour.html

http://host.jibc.ca/seytoolkit/what.htm

www.protectionproject.org/wp-content/uploads/.../India_Acts_1986.pdf

35