DHARMASHASTRA NATIONAL LAW UNIVERSITY, JABALPUR

2019-2020

SUBJECT – CRIMINAL LAW II

TOPIC: HUMAN TRAFFICKING

SUBMITTED TO- SUBMITTED BY-

Mr. Ashutosh Singh Ashutosh Gautam

(Assistant Professor of Law) B.A.LL.B. (Hons.)

Mr. Gautam Gupta 4th Semester

(Assistant Professor of Law) BAL/022/18

 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to many individuals and organizations. I
am highly indebted to Dharmashastra National Law University for assigning me with this project
topic where I could learn so much related to the topic.

I would like to thank Vice-Chancellor Sir for providing with all the necessary requirements
which helped me achieve my goal and acting as a guide who I can reach to whenever the need be
so. Words fail to express my deep sense of glee to the subject teachers Mr. Ashutosh Singh sir
and Mr. Gautam Gupta sir who enlightened me at every difficulty in the completion of this
task. I acknowledge the blessings and support of my parents which they provided me throughout
the project. I would also like to thank my brother who was a constant support throughout the
project and my friends who helped me in achieving my target.

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 TABLE OF CONTENTS

ACKNOWLEDGEMENT............................................................................................................1
INTRODUCTION.........................................................................................................................3
RESEARCH METHODOLOGY.................................................................................................4
HYPOTHESIS...............................................................................................................................4
RESEARCH OBJECTIVES.........................................................................................................4
DEFINITION OF HUMAN TRAFFICKING.............................................................................5
THE PROCESS INVOLVED.......................................................................................................5
The Extent of its Spread............................................................................................................6
MODUS OPERANDI................................................................................................................7
LEGAL FRAMEWORK AND LEGISLATIONS..................................................................8
REASONS AND CAUSES......................................................................................................11
CONCLUSION............................................................................................................................12
REFERENCES............................................................................................................................13

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 INTRODUCTION

Throughout the hundreds of years, humankind built up its conscious carefully and has gotten one
of the advanced social creatures of the nature. With encounters and a sense to have a noble life
and to serve the kindred individuals from the race, the humanity attempted to build up certain
arrangement of commitments and impediments inside their locale with the goal that the
embodiment of humankind convey aggregation rather than individualism. These commitments
and constraints built up the marvel of rules, standards, values, good and morals, that an
individual need to acknowledge and follow, being an individual from a similar animal.

The acknowledgment of these wonder by mankind came about to the rise of society and social
values just as its commitment to serve for the government assistance and flourishing of the
entirety of its individuals, independent of shading, district, religion, culture, ethnicity, language,
age and sexual orientation. Be that as it may, over a timeframe, the challenges in approaching
restricted assets prompted the infringement of these social standards and qualities. The indiviual
intrigue turned into a need than the aggregate intrigue or than the enthusiasm of society. The
aftereffect of these infringement drove towards vulnerabilities, minimization and the losing
thriving and prosperity of humanity. The degree of vulnerabilities has reached to such a level that
one individual from this human family has become exploitator of the individuals who have low
availability to assets and no hang on social structure. Human dealing in the current century, is
one of the most exceedingly terrible sort of misuse and misuse that person at any point had or
thought of.

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 Definition of Corporate Social Responsibilty
Generally, CSR refers that organizations consider the interests of society by taking responsibility
for the impact of their activities on customers, suppliers, employees, shareholders, communities,
future generation and environment. According to Hopkins (2003), CSR is concerned with
treating the internal and external stakeholders of the firm ethically or in a socially responsible
manner and the wider aim of corporate social responsibility is to create higher and higher
standards of living, while preserving the profitability of the corporation, for its stakeholders.
Similarly, The World Business Council for Sustainable Development (1999) explains CSR as
continuing commitment by business to behave ethically and contribute to economic development
while improving the quality of life of the workforce and their families as well as of the local
community and society at large. On the other hand, Farmer and Hogue (1985) viewed CSR quite
differently saying that it means businesses are pursuing their economic, social and environmental
responsibilities on a voluntary basis and are integrating them into all business operations, while
interacting with their stakeholders. Logsdon et al. (2006) mentioned an important thing about
CSR that the interpretation of CSR often changes in the area of strategic management due to the
fact of varying national and cultural factors. Later on Moon and Vogel (2008) reinforced it
saying that CSR is highly contextual and strongly depends on the country and the state of
governance of that time. However, Hopkins (2003) found in his study that businesses that engage
in CSR typically focus on some or all of the followings:
 Environment: While focusing on this, organizations look at the environmental impacts of
their products and services, as well as what they do outside the business to improve the
environment.
 Employees: The organizations who think in this perspective, they take care of all the
employees adequately focusing on workplace conditions, benefits, living wages, and
training. • Communities: The organizations that care about communities they voluntarily
take advance steps to improve the quality of life for employees and their families as well
as for the local community and society.
 Regulations: While focusing at this point, organizations respect the laws fully and often
exceed them to be more socially responsible.

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  Emergency supports: Sometimes organizations keep plans ready to manage business
crises and ensure safety for employees and surrounding communities. Besides they also
take initiatives to provide support in times of emergencies such as disaster or epidemics.

PROMINENCE OF CSR
In the current globalizing world, the easily accessible and available mode of information has
enabled stakeholders to be more aware of the company, product, and brand etc. Thus Heal (2008)
stated that the 21st century is the century of the social sector organizations and the more
economy, money, and information become global, the more community matters. Werther and
Chandler (2006) advised in the same vein that, wherever possible, customers now want to buy
product from trusted brands, suppliers want to form business partnerships with companies they
can rely on, employees want to work for companies they respect, and NGO’s want to work with
company who work with the same vision for the benefit of the people.

Similarly, Jerry and Rson (1989) viewed CSR as good business sense in the globalizing world
where companies are increasingly relying on brand strength (particularly global lifestyle brands)
to add value and product differentiation, and where NGO-driven consumer activism is
increasing. Frederick (2006) added fuel to this assumption saying that satisfying each of these
stakeholder groups allows companies to maximize their commitment for profit to another
important stakeholder group, their investors. In contrast to this, Friedman (1962) argued that
CSR decrease shareholder’s wealth as organization’s insiders (managers and directors) often
seek to over-invest in CSR for their private benefit to the extent that doing so improves their
reputations as good global citizens.

Barnea and Rubin (2006) backed him (1962) up saying that corporate managers don’t have the
right skills and expertise to deal effectively with social problems. Farmer and Hogue (1985)
added to the speculation that they had this response from their study which shows that some
people consider the money spent for CSR as a self-imposed tax and think that the cost will later
on passed to consumers.

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The Extent of its Spread

As per the record, in India, there are 1794 identified places of such origins from where females
victims are being trafficked. it is a billion dollars bussiness industry and a complete chain of
networking and lobbying from powerful to the gross root village/ local level trafficker. The
extent is that, it has resulted to make this industry as one of the organized crime industry in the
world. It is the world's third largest crime after drugs and arms trafficking. In fact, nearly 2.5
million people in forced labour including sexual exploitation at any point of time. It is found that
majority of trafficking victims lies between the age group from 18 to 24 years. An estimated 1.2
million children are trafficked every year. Around 161 countries across the globe are being
infected by this henious crime of human-trafficking as per the 2006 report of UN Office on
Drugs on Crime, Trafficking in Persons, Global Patterns. Human trafficking has become 32
billion dollar profit making industry , as per ILO.However in India, A report by an Non
government organization in India estimated that 45000 children are missing in India each year. It
stated that most of these kids end up as prostitutes, bonded labour or among the homeless
population in big cities. It has been found that there are 300,000 to 500,000 children working in
the prostitution industry in India. India also has the highest number of child labour in the world
with an estimate of estimate of 12.66 million children involved in hazardous work as per Census
2011.

MODUS OPERANDI
In India, the Modus Operandi through which the trade of human-trafficking is flourishing has
been adopted by the traffickers as per the demand and the circumstances of the victims. Different
strategies and tactics have been adopted, in order to lure the innocent masses and exploit them
further. There are various methods through which the human-trafficking is being organized. As
per the study of National Human Rights Commission of India, the several methods through
which victims are being trapped and human-trafficking is happening, includes: Offering jobs as
domestic servants, Promising jobs in the film world, Promising jobs in factories, Offering
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money, Luring them with ‘pleasure trips’, Making false promises of marriage, Befriending them
by giving goodies, Offering shelter to girls who have run away from home or street children,
Offering them to take on pilgrimages, Coercion including kidnapping and drugging, In lure of
adoption and etc. Moreover, the recruitment of children as child soldiers or for underground arm
groups is also being involved in this process. The traffickers use different approaches like
sometime they employ local source, relatives and also are known to various languages
especially, the language of their zone of trafficking. The recent trend that has been noticed,
especially in case of India, is the trend of traffickers using marriage bureaus, placement agencies
and tutorials agencies. It has been found in most of the literature that, in the process of
trafficking, there are informers, enforcers, supporting personnel and specialists, debt-collectors,
money-movers and transporters who gather information on matters such as border surveillance,
immigration and transit procedures, asylum systems, and law enforcement activities. There are
also agents, who pay the recruiter, arrange for travel documents, hold the women until they are
ready to leave and brokers who meet the women on arrival and pay the agent for delivering them.
Further, a recent report by a leading newspaper of India has come up with a new trend for the
trafficking of children. It says that children have been trafficked by the NGOs from a backward
and poverty effected region, in order to attract the donors and get the heavy donations from
abroad. Moreover, the emergence, rise and excessive use of social media can also be viewed or
considered as a new mean and method for luring the younger generation and then being
exploited by the traffickers.

LEGAL FRAMEWORK AND LEGISLATIONS

India has wide range of laws enacted by the Parliament and some State legislature, apart from
provisions of the Constitution which is the basic law of the country.

  Constitution of India

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   Article 23- Protects against exploitation, prohibits traffic in humans and beggar and
makes this practice punishable under law.1
 Article 24- Protects children below age 14 from working in factories, mines or other
hazardous employment.2

  Indian Penal Code

There are around 25 provisions for trafficking but some of the significant among them are as
below-

  Section 366A- Inducing any minor girl under the age of eighteen years to go to any
such place with intent to forced or seduced illicit intercourse with another person shall
be a punishable offence.3
  Section 366B- Importing any girl under twenty-one years with the intent that she will
be, forced or seduced to illicit intercourse with another person is a punishable
offence.4
 Section 374- Punishes any person who for unlawfully compels any person to labour
against his will.5

 Immoral Traffic (Prevention) Act 1956

The Immoral Traffic (Prevention) Act, 1956 is the primary legislation for the prevention of
sexual exploitation for women and girls. The word “Trafficking” is defined only by the Goa
Children’s Act, 2003, which is a state law. Thus, while the ITPA is the main legislation related to
the commercial sexual exploitation of children, it does not define trafficking.

Offences specified are:

         Keeping a brother or allowing premises to be used as a brothel

         Living on the earnings of prostitution
1
The Constitution of India, article 23.
2
The Constitution of India, article 24.
3
The Indian Penal Code, § 366A, (1860).
4
The Indian Penal Code, § 366B, (1860).
5
The Indian Penal Code, § 374, (1860).

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          Attempting, procuring or taking person for the sake of prostitution
         Detaining any person in premises for prostitution
         Prostitution in the vicinity of public places
         Seduction of a person in custody

 Child Labour (Prohibition and Regulation) Act, 1986

The Act prohibits employment of children below specific age and in certain specified
occupations. It also imposes punishment for the employment of minor children.

 Information Technology Act, 2000

The act penalises transmission of any such material in electronic form which is inappropriate and
lascivious. This act also addresses the problem of pornography.

Section 67A- Punishes publication or transmission of material containing sexually explicit act in
electronic form.

Section 68B- Punishes publication or transmission of material depicting children in sexual

explicit act in electronic form.

 Juvenile Justice (Care and Protection of Children) Act, 2000

The law is relevant for children who are vulnerable and are therefore likely to

be the victim of trafficking. It protects juveniles in need of care and protection.

 Karnataka Devadasi (Prohibition of Dedication) Act, 1982

Act of dedication of any girl with or without consent of the dedicated persons engaging her in
prostitution is unlawful and punishable.

 Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989

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This law prohibits any ceremony dedicated as Devadasi in any manner and imposes a penalty of
imprisonment for three years and fine.

 Goa Children’s Act, 2003

This act is defined precisely in Trafficking. It includes every type of sexual exploitation in the
definition of sexual assault. Manager and owner of the establishment are responsible for the
safety of minors or children in hotel premises. There are strict laws on about the safety of
children and publishing pornographic materials.

REASONS AND CAUSES

The normal push factor that has been recognized as the fundamental main thrust behind human-
dealing is the degraded destitution. In any case, station based separation, absence of assets,
absence of human and social capital, social instability, sex segregation, commodification of
ladies, social prohibition, underestimation, deficient and obsolete state approaches, absence of
governance, nexus of police and dealers, joblessness, separating of network emotionally
supportive network, modest kid work, kid marriage and need to marriage, fascination of city life,
defilement, employment trade, movement approaches struggle and absence of mindfulness

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among the casualties are likewise some the elements prompting human-dealing. Globalization
has additionally gotten one of the developing push factors prompting human-dealing.

Further, the report of the International Organization for Migration, says that 90 percent of the
casualties dealt as sex slaves experienced aggressive behavior at home previously, they were
dealt. The diminishing sex proportion and the expanding request of ladies in ladies starve regions
would likewise been considered as a factor behind lady of the hour dealing in India. There are
too certain different elements that are capable through immediate and circuitous methods and
mode at the same time, all sort of these push factors constrained the casualty to get further abuse,
vulnerabilities and to turn into an component of this cutting edge sort of subjection for the
duration of their life expectancy.

CONCLUSION

Human-trafficking is one of the worst criminal activity that has spreaded its infection over the
planet. It is one of the wicked acts that has made the lives of millions as worse as the hell. This
kind of modern slave trade has washed away the humanity among those who are being involved.
The moral values, ethos and sense of belongings as a member of same human race has been
crubed by the individual interest and pleasure. The victimization of poor and vulnerable masses
has excluded them from the human race and commodified them like animals and vegetables in

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the market. Their right and access to justice has no significant meaning and worth for them. The
procedures, process, means, methods as well as the rate of involvement is increasing in this
crime each day due to lack of resources, highest demand in the market, very few income options
and impotent legal watch system. It is, thus, imperative to have a careful watch and monitoring
mechanism as well as strong interventions and commitment through which we can attempt to
clean out this crime across the globe.

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 REFERENCES

• Afroza Anwary, 2007, Anti-Sex Trafficking Movement of Bangladesh and the Theories of

Transnational Social Movements, Social Thought & Research, Vol. 28, pp. 109-142 , Allen

Press

• Aditya Dev, 2013, UN report highlights grim scenario of child trafficking in Haryana, The

Times of India

• Constitution of India

• Marina Tzvetkova, 2002, NGO Responses to Trafficking in Women, Gender and

Development, Vol. 10, No. 1, Trafficking and Slavery, pp. 60-68, Taylor & Francis Ltd.

• Ministry of Women and Child Development

• Nair PM, 2010, Human Trafficking: Dimensions, Challenges and Responses, Delhi, Konark

Publishers

• SadikaHameed, SandileHlatshwayo, EvanTanner, MeltemTurker,&JungwonYang, 2010,

Background Information on Human trafficking in India, The Asia Foundation report

• Tameshnie Deane, 2010, Cross-Border Trafficking in Nepal and India-Violating Women’s

Rights, Springer Publications

• United Nations, 2000, Protocol to Prevent, Suppress and Punish Trafficking in Persons,

especially Women and Children, Supplementing the United Nations Convention against

Transnational Organized Crime, New York, United Nations

• UNODC, 2006, Trafficking in Persons: Global Patterns, United Nations

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