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INTRODUCTION
Human trafficking involves the use of force, fraud, or coercion to obtain some type of
labor or commercial sex act. Every year, millions of men, women, and children are trafficked
worldwide – including right here in the United States. It can happen in any community and
victims can be any age, race, gender, or nationality. Traffickers might use violence,
manipulation, or false promises of well-paying jobs or romantic relationships to lure victims
into trafficking situations.
Language barriers, fear of their traffickers, and/or fear of law enforcement frequently keep
victims from seeking help, making human trafficking a hidden crime.
Traffickers use force, fraud, or coercion to lure their victims and force them into labor or
commercial sexual exploitation. They look for people who are susceptible for a variety of
reasons, including psychological or emotional vulnerability, economic hardship, lack of a
social safety net, natural disasters, or political instability. The trauma 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.
The safety of the public as well as the victim is paramount. Do not attempt to confront a
suspected trafficker directly or alert a victim to any suspicions. It is up to law enforcement to
investigate suspected cases of human trafficking.
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removal of organs in its definition, it does recognize sex and labour trafficking and describes
human trafficking as the purposeful transportation of an individual for exploitation.3
CHAPTER – 2
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THE TRAFFICKING SCHEME
Human traffickers often create transnational routes for transporting migrants who are
driven by unfavourable living conditions to seek the services of a smuggler. Human
trafficking usually starts in origin countries—namely, Southeast Asia, eastern Europe, and
sub-Saharan Africa—where recruiters seek migrants through various mediums such as
the Internet, employment agencies, the media, and local contacts. Middlemen who recruit
from within the origin country commonly share the cultural background of those migrating.
Migrants view the services of a smuggler as an opportunity to move from impoverished
conditions in their home countries to more stable, developed environments.
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 households, especially in sub-Saharan Africa, a situation that
creates fertile soil for trafficking and servitude.4
CHAPTER – 3
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TYPES OF EXPLOITATION
The most prevalent form of human trafficking that results in servitude is the recruitment
and transport of people into the international sex industry. Sex slavery involves males and
females, both adults and children, and constitutes an estimated 58 percent of all trafficking
activities. It consists of different types of servitude, including
forced prostitution, pornography, child sex rings, and sex-related occupations such as nude
dancing and modeling. Forced prostitution is a very old form of enslavement, and recruitment
into this lifestyle is often a booming business for purveyors of the sex trade. Victims of
sexual slavery are often manipulated into believing that they are being relocated to work in
legitimate forms of employment. Those who enter the sex industry as prostitutes are exposed
to inhumane and potentially fatal conditions, especially with the prevalence of HIV/AIDS.
Additionally, some countries, including India, Nepal, and Ghana, have a form of human
trafficking known as ritual (religion-based) slavery, in which young girls are provided as
sexual slaves to atone for the sins of family members.5
Forced labour has likely been around since shortly after the dawn of humankind, though
there are a number of different forms of modern involuntary servitude that can go easily
unnoticed by the general public. Debt bondage (also called peonage), is the enslavement of
people for unpaid debts and is one of the most common forms of contemporary forced labour.
Similarly, contract slavery uses false or deceptive contracts to justify or explain forced
slavery. In the United States the majority of nonsex labourers are forced into domestic
service, followed by agriculture, sweatshops, and restaurant and hotel work.
Children are often sold or sent to areas with the promise of a better life but
instead encounter various forms of exploitation. Domestic servitude places “extra children”
(children from excessively large families) into domestic service, often for extended periods of
time. Other trafficked children are often forced to work in small-scale cottage
industries, manufacturing operations, and the entertainment and sex industry. They are
frequently required to work for excessive periods of time, under extremely hazardous
working conditions, and for little or no wages. Sometimes they become “street children” and
are used for prostitution, theft, begging, or the drug trade. Children are also sometimes
trafficked into military service as soldiers and experience armed combat at very young ages.
Another recent and highly controversial occurrence involving human trafficking is the
abduction or deception that results in the involuntary removal of bodily organs for transplant.
For years there have been reports from China that human organs were harvested from
executed prisoners without the consent of family members and sold to transplant recipients in
various countries. There have also been reported incidents of the removal and transport of
organs by medical and hospital employees. In addition, there have been claims that
impoverished people sell organs such as kidneys for cash or collateral. Although there have
been some allegations of trafficking of human fetuses for use in the cosmetics and drug
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industry, these reports have not been substantiated. In recent years the Internet has been used
as a medium for the donors and recipients of organ trafficking, whether legal or not.6
Sex Trafficking: Two women from Korea are brought into San Francisco under the
pretense that they will receive jobs as hostesses or waitresses. When they arrive, they are held
captive and forced into prostitution, while their captor controls the money they receive.
Debt Bondage: A young woman from Russia has amassed grave credit card debt and is
desperate to pay it off. A man who identifies himself as an employment agent offers her a job
in the United States as a domestic employee. She arrives in the San Francisco with a valid
visa but it and her passport and taken from her. She is brought to a home where her
movement is restricted. She is then told that she must work as a housekeeper to pay off the
cost of her travel or her family will be killed.
Child Sex Trafficking: A 15-year-old boy runs away from his home in San Francisco to
Oakland, where he lives on the street. He is seduced by a pimp who coerces him into
participating in a prostitution ring and controls all the profits generated.7
CHAPTER – 4
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https://sf-hrc.org/what-human-trafficking
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LEGAL FRAMEWORKS TO COUNTER HUMAN
TRAFFICKING IN INDIA
Interestingly the Indian Penal Code which came into existence in 1860 addresses the problem
of human trafficking in human beings. It is addressed in Section 370 and 370 A of the Indian
Penal Code8. It prohibited trafficking of women and girls and prescribed ruthless punishments
for the criminals. It lays down that anyone who buys or sells the person under the age of 18
years for the purpose of prostitution and for sexual exploitation and for other immoral
purposes shall be liable to imprisonment for up to 10 years and also be liable to fine.
It also recognizes cross border trafficking into prostitution and whoever imports into India
from any country outside India any girl under the age of twenty one years with the intent that
she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse
with another person shall be punishable with imprisonment which may extend to ten years
and shall also be liable to fine.
The Indian Constitution of India prohibits trafficking in persons and guarantees many of the
internationally acknowledged various human rights norms such as the right to life and
personal liberty, the right to equality, right to freedom, the right to constitutional remedies.
The right to be free from exploitation is also assured as one of the fundamental rights of any
person living in India.9
8
Indian penal code,1860
9
Constitution of ibdia,1950
10
The juvenile justice
11
National legal research desk, 2016
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The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Many victims of trafficking belong to marginalized groups. Traffickers target only such area
which is backward in social and literacy sense. This gives an additional tool to safeguard
women and young girls belonging to scheduled Caste and scheduled Tribes and also to create
a greater burden on the trafficker or offender to prove his lack of connivance in the matter.12
If the offender has the knowledge that victim belongs to these communities then this act can
be effectively used to counter the offence of trafficking. Section 3 of this act deals with
atrocities committed against people belonging to Scheduled Caste and Scheduled Tribes. It
covers some forms of trafficking such as forced or bonded labors and sexual exploitation of
women. A minimum punishment of ix months is provided which may extend to five years if
the offence is covered under section 3.
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 1950. As a
consequence of this ratification of the convention the Government of India passed the
Suppression of Immoral Traffic in Women and Girls Act (SITA) in the year 1956. In the year
1986 the act was further amended and changed which was known as the Immoral Traffic
Prevention Act, 1986 (PITA).13
CHAPTER – 5
THE MEASURES TAKEN BY GOVERNMENT OF INDIA TO
PREVENT AND COMBAT HUMAN TRAFFICKING
12
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
13
Immoral Traffic Prevention Act, 1986
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With a view to tackle the menace of human trafficking, Ministry of Home Affairs,
Government of India has undertaken a number of measures such as Administrative measures
and interventions
Anti Trafficking Cell (ATC): Anti-Trafficking Nodal Cell was set up in the Ministry of
Home Affairs (MHA) (CS Division in 2006 to act as a focal point for communicating various
decisions and follow up on action taken by the State Governments to combat the crime of
Human Trafficking. MHA conducts coordination meetings with the Nodal Officers of Anti
Human Trafficking Units nominated in all States/UTs periodically.
Advisories: To improve the effectiveness in tackling the crime of human trafficking and to
increase the responsiveness of the law enforcement machinery, MHA has issued following
comprehensive advisories to all States/UTs:
Advisory on Preventing and Combating cyber crime against children dated 4.1.2012.
Advisory dated 23.7.2015 for associating SSB and BSF in crime meetings.
These advisories/SOP are available on MHA's Web Portal on Anti Human Trafficking at
www.stophumantrafficking-mha.nic.in
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Judicial Colloquium: In order to train and sensitize the trial court judicial officers,
Judicial Colloquium on human trafficking are held at the High court level. The aim is to
sensitize the judicial officers about the various issues concerning human trafficking and to
ensure speedy court process. So far, eleven Judicial Colloquiums have been held at
Chandigarh, Delhi, Himachal Pradesh, Maharashtra, Chhattisgarh, Tamil Nadu, Andhra
Pradesh, Bihar, Uttar Pradesh, Jharkhand and Odisha.
CHAPTER – 6
INDIA IMPLEMENTED INTERNATIONAL CONVENTIONS
ON TRAFFICKING
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UN Convention: India has ratified the United Nations Convention on Transnational
Organised Crime (UNCTOC) which has as one of its Protocols Prevention, Suppression and
Punishment of Trafficking in Persons, particularly Women and Children. Various actions
have been taken to implement the convention and as per Protocol, Criminal Law Amendment
Act, 2013 has been enacted wherein human trafficking has specifically been defined.
Bilateral mechanism : For dealing with cross border trafficking and to address the various
issues relating to prevention of Trafficking, victim identification and repatriation and make
the process speedy and victim-friendly between India and Bangladesh, a Task Force of India
and Bangladesh was constituted. So far five meetings of Task force between India and
Bangladesh have been held. Fifth meeting was held on 17-18 August, 2015 at Dhaka,
Bangladesh.
CHAPTER – 7
THE MAGNITUDE OF HUMAN TRAFFICKING
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According to the International Labour Organization(ILO) 14, In 2019, about 21 million
people were trapped in “modern slavery”.About 68 percent were used as underpaid, free or
forced labour.Nearly 4.5 million were used for sex trafficking and organ
donation.Government backed forced labour persisted in some countries.Human trafficking is
the third largest crime globally after drug smuggling and illegal arms supply. All countries,
including the US and the African nations are part and parcel of this crime.Human trafficking
generates profits of roughly $150 billion yearly for traffickers, according to the ILO
estimates.In India, it is not just the Indians who are trafficked out of the country. India is also
a major route for trafficking people from Myanmar, Nepal, Bangladesh, Pakistan, and
Afghanistan among the others. Pune is one of the biggest human trafficking routes in
India.The percentage of people trafficked exclusively for sex work has dropped in the recent
years, with an increase in trafficking for organ donation instead. Even in the economically
prosperous western countries, relatively poorer communities are more vulnerable to organ
trading.
Children are pushed into serial marriages and forced or hazardous occupations due to
poverty.
Widowed and deserted women and children, when uneducated, fall prey to the
trafficking agents.
Poor and minor women are trafficked for surrogacy and egg implantation without
their consent.
Lack of micro credits or small loans at the village level for marginalized
entrepreneurs, makes them vulnerable to trafficking.
14
International Labour Organization
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Inadequate media coverage of the details and extent of trafficking activities in the
country.
During natural disasters and pandemics poor people are more susceptible to organ
selling, prostitution and child labour for meeting everyday needs like food or clothes.
There are 25 relevant sections in the Indian Penal Code, such as 366A, 366B, 370,
370A and 374.
Section 370 of Indian Penal Code (IPC) has been substituted with new sections.
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Hardly any trafficking syndicate has been arrested under the Maharashtra Control of
Organised Crime Act, 1999 Act and the UP Gangsters Act despite an active nexus of
human smuggling on the UP- Nepal border (1300 kilometers long).
An organized smuggling of Nepali women and children via Varanasi operates there.
The West Bengal and Bangladesh border is also infested with the trafficking
business.Corruption and apathy among policemen and political nexus also plays a role
in promoting cross border trafficking rackets.
6.6 What are the challenges in dealing with human trafficking?
Vulnerability of the poor and unemployed people who accept advance payments from
trafficking agents before being aware of the real conditions and nature of employment
they are promised.
Convergence and coordination is needed between the police, relevant departments and
NGOs in tackling the menace of trafficking.
Governments in both the countries, from where the victims are sourced and to which
they are supplied should be involved in tracing the trafficking racket.
Strict action needs to be initiated against police officers and politicians who connive
in the crime or neglect it.
In situations where accused is acquitted, it must be ensured that the victims are safe.
Damage control for the benefit of the victims is essential.
There is a need for upgradation of existing ATHUs through capacity building and
adequate funding so that they can function as more specialised units.
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CHAPTER – 8
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CASE LAWS
People's Union for Democratic Rights v. Union of India, (1982) 3 SCC 235
In this judgment, the honourable Supreme Court defined forced labour, while discussing the
scope of Article 23 of the Constitution of India, stated:The word force must therefore be
construed to include not only physical or legal force but also force arising from the
compulsion of economic circumstances which leaves no choice of alternatives to a person in
want and compels him to provide labour or service even though the remuneration received for
it is less than the minimum wage.15
In this Public Interest Litigation, the Supreme Court laid down measures that should be taken
to support victims of child labour and their families. The Supreme Court stated:
'We are of the view that the offending employer must be asked to pay compensation for every
child employed in contravention of the provisions of the Act a sum of Rs 20,000; and the
Inspectors, whose appointment is visualised by Section 17 to secure compliance with the
provisions of the Act, should do this job.
The Inspectors appointed under Section 17 would see that for each child employed in
violation of the provisions of the Act, the employer concerned pays Rs 20,000 which sum
could be deposited in a fund to be known as Child Labour Rehabilitation-cum-Welfare Fund.
The liability of the employer would not cease even if he would desire to disengage the child
presently employed. It would perhaps be appropriate to have such a fund district wise or area
wise. The fund so generated shall form corpus whose income shall be used only for the child
concerned. The quantum could be the income earned on the corpus deposited qua the child.
15
People's Union for Democratic Rights v. Union of India, (1982) 3 SCC 235
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To generate greater income, fund can be deposited in high-yielding scheme of any
nationalised bank or other public body.16
In this case, the solicitor general of India submitted that an officer who is responsible for the
implementation of laws relating to children shall be appointment by each state government. It
was held that no child shall be deprived of his fundamental rights guaranteed under
Constitution of India and bring to child traffic and abuse.17
CHAPTER – 9
16
M C Mehta Vs State Of Tamil Nadu 1996 6 (SCC) 756
17
Bachpan Bachao Andolan Vs Union of India 2011 SCC
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FIELD REPORT
Hakimpara Bazar, P.O. Siliguri, Pin: 734006, District Darjeeling, W.B, India
The NGO registered as Better Tomorrow Foundation at the grassroots level to fight human
trafficking and other forms of exploitation. Better Tomorrow Foundation works with social
workers, lawyers and researchers to fight the menace of human trafficking.
Better Tomorrow Foundation works across the country, and it is not limited to sexual
exploitation alone. They rescue trafficked children working as bonded labour, domestic help
and beggars.
Founder of the Better Tomorrow Foundation, an NGO that rescues trafficked children, said,
There is not a single police station in Darjeeling, Kalimpong, Jalpaiguri and Alipurduar
districts where a complaint has not been registered. Most of the children come from poor
families. Many cases never get registered
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14
12
10
6 Tea Estate
POCSO
Others
4
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APPENDIX – 1
QUESTIONNAIRE RELATED
HUMAN TRAFFICKING
The focus of the North Bengal Field Unit is mainly to ensure services in the areas of
education, safety, health and nutrition to women and children living in the urban slums of
Siliguri. The city, a gateway to both national and international borders and a major
commercial center of north-eastern India, is also a center for unsafe migration and trafficking
of humans, especially women and children. Addressing the problems affecting trafficked
children, as well as preventing the root causes of human trafficking, is a core program area
for CINI North Bengal, working in both urban and rural areas, from where children and The
youth are lured into trafficking. Education, health, nutrition interventions are supported in
vulnerable areas of North Bengal with the aim of creating a child friendly community.
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Question:5 Does human trafficking only result in sexual exploitation?
One in every three victims detected is a child. Girls are mainly trafficked for sexual
exploitation, while boys are used for forced labour. Trafficking thrives at places where there
is widespread poverty. Parents sell their kids because poverty leaves them with no other
option often thinking that selling their children will take them to places that are much better
and where their lives will improve.
Question:6 What can I do if I have been trafficked, or if I know someone who has been
trafficked?
Human trafficking violates the fundamental rights human beings and if anyone knows the
victim who has been trafficked, then immediately a complaint should be filed in the police
station. If you don’t want to speak to the police - you can contact a charity who help victims
of trafficking.
Question:7 What are the Innovative interventions carried out by the NGO?
Ensuring proper use and setting up of community toilets in the slums of Siliguri
Creating a community based mechanism to prevent child trafficking from tea garden areas.
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APPENDIX – 2
PHOTOGRAPH
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CHAPTER – 10
CONCLUSION
The menace of human trafficking is huge, and there is a need to not just prevent such
crimes but also ensure that the relief and rehabilitation process takes place in a smooth
manner. Policies further need to be improvised and appropriate actions should be taken by
various agencies and stakeholders. The right to be protected against human trafficking is a
constitutional right. This right needs to be protected to provide a dignified life to every child,
every man and every woman in the country.
The laws for human trafficking must be strengthened that it meets all the requirements for
preventing human trafficking. People who are in poverty line across the country must be
made aware about human trafficking and its consequences in order to prevent them from
becoming victims. Many national and international seminars and conferences can be
conducted across the country so that the general people and the government can join hands to
prevent human trafficking.
The vulnerable sections of the society must be protected by the Government so that they
don’t fall as victims to human trafficking. The victims of the human trafficking are only the
persons from below poverty line so the offence of human trafficking can be greatly prevented
if the Government helps the poor sections of the society and provides them with adequate
education and employment.
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