INDORE INSTITUTE OF LAW

(AFFILIATED TO D.A.V.V. & BAR COUNCIL OF INDIA)

HUMAN RIGHTS

TOPIC: HUMAN TRAFFICKING IN 21ST CENTURY

SUBMITTED BY:

ARYANSH SHARMA

[B.B.A.L.L.B, 3rd SEMESTER]

SUBMITTED TO:

Asst. Prof. Jaidev Mahendra

ACADEMIC SESSION

2022-23

Roll No.:

Date of Submission:
 CERTIFICATE

This is to certify that ARYANSH SHARMA of B.B.A.L.L.B (Hons.) & 3rd Semester has
successfully completed the research work in HUMAN TRAFFICKING IN 21ST CENTURY
partial fulfilment of requirements for the knowledge of given by Asst. Prof. Jaidev Mahendra
prescribed by Indore Institute of Law.

This assignment is the record of authentic work carried out during the academic year 2022-23.

Teacher’s Signature ________

Date_________
 DECLARATION

I hereby declare that the project work entitled “HUMAN TRAFFICKING IN 21ST CENTURY”
submitted for fulfilling the essential criteria of Indore Institute of Law, is a record of an original
work done by me under the guidance of Asst. Prof. Jaidev Mahendra in B.B.A.L.L.B, 3rd
Semester, Indore Institute of Law for the academic session 2022-23.

NAME- ARYANSH SHARMA

[B.B.A.L.L.B]

[3rd SEMESTER]
 ACKNOWLEDGEMENT

I, ARYANSH SHARMA student of B.B.A.L.L.B (Hons.), 3 rd semester would like to express my

special thanks of gratitude to my professor and guide Asst. Prof. Jaidev Mahendra who gave us
the golden opportunity to do this wonderful assignment on the topic “HUMAN TRAFFICKING
IN 21ST CENTURY”. I am sincerely grateful to my teacher for guiding us and providing the
relevant information and thus helping me to complete the project successfully. I would also like
to give a hearty thanks to my parents who supported me morally as well as economically in
completion of this assignment without any type of problem. I would like to appreciate and thank
all my friends and alma mates for helping me in every possible manner in the way of completion
of my project. Last but not the least I want to thank the almighty who made everything possible.
 INDEX

S. No. Topic Page No.

1. Abstract

2. Introduction

3. Vulnerability

4. Impact

5. Actions

6. Conclusion

7. Bibliography
RESEARCH METHODOLOGY

The present paper is mainly based on secondary data, which has been taken from District Census
Handbook, Statistical Abstract State wise and National Crime Record Bureau (NCRB). For the
present paper census and crime data have been analysed. The systematic approach has been
adopted for analysis. Both qualitative and quantitative methods have been applied for the data
analysis.

literature review

Since ages, Human trafficking has been prevalent in the society. It is a curse for the whole
country that leads to unending sufferings which not only lower the physical strength but also
feeble the mental status of a person. Growth and development are the words which are unknown
to their world. They have to suffer discrimination and humiliation to a large extent. It is a serious
contemporary social justice and human rights issue. A recent U.S. government report estimated
that as many as 27 million persons around the world are victims of human trafficking. It is highly
important to protect their basic human rights and provide them with such environment that paves
way for their consistent growth and protect them from atrocities of the world. In the current
scenario, though there are various laws and government policies working towards the betterment
of such people yet there are various hurdles in the path. Therefore, there is a need to generate a
better understanding of an issue like this in order to provide for a status to all the victims of
human trafficking in the country and to promote their growth and development. The paper
discusses the manifold difficulties faced by the victims of trafficking in India while many of
whom face intimidation, shame, difficulty in prosecution, high likelihood of revictimization in
their own country. The paper ultimately concludes that broader, victim-based initiatives are
necessary both to assist victims and to provide a firm basis for the future trafficking
prosecutions. Thus it aims to analyze the status of human trafficking laws in India and the issues
and challenges faced by the victims in the country.
ABSTRACT

This paper addresses the situation of human trafficking in India. It argues that the focus on
trafficking either as an issue of illegal migration or prostitution still dominates the discourse of
trafficking, which prioritizes state security over human security and does not adequately address
the root causes of trafficking and the insecurity of trafficked individuals. The root causes or
vulnerability factors of trafficking such as structural inequality, culturally sanctioned practices,
poverty or economic insecurity, organ trade, bonded labor, gender violence, which are further
exacerbated by corruption, have remained unrecognized in academic and policy areas. This paper
argues that emphasis needs to be given to such underlying root causes and modes and also crimes
related to human trafficking, that threatens human security of the trafficked persons in India.
Accordingly, it provides some preventive measures to address and deal with the problem.
Keywords: Trafficking, Human Trafficking, Causes and modes, Preventive measures.
INTRODUCTION

Human trafficking which is for the purposes of sexual exploitation is becoming an increasingly
prevalent issue around the world. Trafficking is a huge industry which has been identified as the
fastest growing criminal industry in the world. The international and Indian legal definitions of
bonded labour, child labour and sex trafficking used throughout the report are highlighted in this
section. Under the new section 370 of the Indian Penal Code, trafficking of persons for “physical
exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude
and the forced removal of organs” is prohibited. Cases covering a wide variety of forms of
modern-day slavery have been registered under this section. Since India signed the Palermo
Protocol and amended its Penal Code, trafficking of persons for the purpose of sexual
exploitation has been comprehensively prohibited. The Immoral Traffic in Persons Act 1956 also
prohibits the procuring, inducing or taking of a person for the purpose of prostitution. The
Protection of Children from Sexual Offences Act 2012 prohibits a range of sexual offences
against children under the age of 18. Human trafficking can include several different components
which can include sex trafficking, labor trafficking, and organ trafficking. Sex trafficking is
human trafficking into prostitution. Labor trafficking is when someone is trafficked into work
that is non-sexual. Examples can include a man trafficked into farm work, or a woman trafficked
into a servant. Lastly, organ trafficking is when people are trafficked so their organs can be sold
to be used into transplants. People can be forced into this trafficking by many means such as
physical force being used upon them, or false promises made by traffickers. Examples of
promises may include false job opportunities, or marriages in foreign countries. To prove that
human trafficking is still happening around the world, According to the Walk Free Foundation
Global Slavery Index 2014, India is home to an estimated 14 million victims of human
trafficking, including victims of sex trafficking, bonded labour, child labour, domestic servitude
and forced marriage. According to India’s 2008 Integrated Plan of Action to Prevent and Combat
Human Trafficking, the scale of the problem is enormous “both in [the] number of trafficked
persons and increasing number of locations”. Traffickers are motivated by high profits and the
low risk due to weak law enforcement and low levels of prosecution. To tackle human
trafficking, prosecution and punishment of offenders must be pursued as well as legal action to
seize the assets and profits of traffickers.

CAUSES AND MODES OF HUMAN TRAFFICKING IN INDIA

There are several contributing factors for trade in human beings particularly in women and
children. The factors of trafficking in women and children can be divided into two categories:
push and pull factors. The push factors include: poor socio-economic conditions of a large
number of families, poverty coupled with frequent, almost annual natural disasters like floods
leading to virtual destitution of some people, lack of education, skill and income opportunities
for women (and for their family members) in rural areas, absence of awareness about the
activities of traffickers, pressure to collect money for dowries which leads to sending daughters
to distant places for work, dysfunctional family life, domestic violence against women, low
status of girl children, etc. It appears from the case studies that extreme poverty and other causes
of deprivation not only push people to fall in the tripod the traffickers, they also create for some
an incentive for trafficking. Often the prostitutes, who have no option to come out of the
exploitative environment, gradually develop intimate connections with the traffickers and follow
in their footsteps.
The pull factors are: lucrative employment propositions in big cities, easy money, promise of
better pay and a comfortable life by the trafficking touts and agents, demand of young girls for
marriage in other regions, demand for low-paid and underage sweat shop labour, growing
demand of young kids for adoption, rise in demand for women in the rapidly expanding sex
industry, demand for young girls in places of military concentration like Kashmir in India in
recent times, demand for young girls for sexual exploitation as a result of the misconception that
physical intimacy with young girls reduces men's chances of contacting HIV/AIDS, or of the
myth that sex with a virgin can cure HIV/AIDS and impotence. The rampant practice of female
feticide in the northern states of Haryana and Punjab has also fuelled internal trafficking. Since
there is a shortage of women in these states having a low female to male ratio, they have become
fertile ground for the operation of traffickers. Traffickers procure girls from faraway states like
Assam and Orissa; trick their families into believing they are to be married, only to later push
them into prostitution.
India is also experiencing rapid changes in economic, political, demographic and labor trends as
an outcome of globalization, increasing demand for cheap labor and heavy population growth in
the region encourages migration whether legal or illegal. The movement of young girls and
women from Bangladesh and Nepal into Indian brothels is common. There is further movement
of these women and girls to the Middle East as well as other destinations. At times of hardship,
this starts out as illegal migration and ends up as trafficking. Such migration occurs in the
backdrop of supply and demand in the sending and receiving countries. The supply side is
associated with structural inequality, poverty, illiteracy and lack of opportunities for livelihood,
whereas the demand rises from the need of cheap labor in the destination. Usually people from
the poorer countries like Bangladesh and Nepal are at risk of exploitation and are trafficked to
their neighboring country India. An assessment study on sexually exploited children and youth
by the Economic and Social Commission for Asia and Pacific (ESCAP) shows that in South Asia
young girls from certain rural areas of Bangladesh, India and Nepal are trafficked for marriage
and then sold into prostitution (Shamim, 2010) The major problem also faced by the poor
families in India is the members' limited ability to communicate outside their place of residence.
Many of them are illiterate–cannot read or write. So they depend on others for sending letters or
making a phone call to their relatives. Often the guardians of law do not support the victims. It
has often been alleged that police harass the victims more than those who have committed the
crime. All these limitations not only make the socially and economically deprived sections of
society vulnerable to trafficking, but also explain why re-trafficking is so rampant in our society.
Apart from the increased demand of cheap labour in the production sector, globalization has
played a major part for the growth of tourism business and entertainment industries the world
over. As a result, the sexrelated trades like sex tourism have registered rapid growth. At the same
time, rising male migration to urban areas as well as stressful working conditions of the Business
Process Outsourcing (BPO) sector workers have also contributed to a growing demand for
commercial sex in the cities Our experience also reveals that trafficking is closely associated
with child marriage. Child marriage is one of the easiest modes applied by the traffickers to send
young girls from one place to another. In a traditional village community, there is a stigma
attached to single women. Inability to arrange the marriage of a daughter is a cause of
embarrassment and matter of shame for the parents. In this situation, when the traffickers
approach the poor families with marriage proposals (sometimes with cash rewards between
Rs.1000–5000 on an average) minus dowry, the parents find it hard to refuse the offer. After
marriage, the girls sold and resold, until she reaches the ultimate destination. Apart from child
marriage, other modes of trafficking are fake marriage, false recruitment, kidnapping and
abduction of children, transportation of children with the consent of guardians, adoption of
children, using poor families with jobs and better living condition in cities.

CRIMES RELATED TO HUMAN TRAFFICKING IN INDIA

Heads of crime which are related to human trafficking.
 Importation of girls from foreign country (Sec. 366B IPC)
 Procuration of minor girls (section 366-A IPC)
 Buying of minors for prostitution (section 373 IPC) (previously known as buying of girls for
prostitution)
 Selling of minors for prostitution (Section 372 IPC) (in previous editions, data was collected
under buying of girls for prostitution)
 Immoral Traffic (Prevention) Act 1956
 Human trafficking (section 370 & 370A IPC), after enactment of the Criminal Law
(Amendment) Act 2013

VULNERABILITY
Current practices in the prevention of trafficking in human beings are analysed in this paper in
order to understand why human trafficking continues to be identified as a growing phenomenon.
Numerous prevention initiatives and considerable funding notwithstanding, a preliminary
conclusion is that existing prevention practices do not reflect the comprehensive approach
embodied in definitions of the term “crime prevention” in general or in the illustrative definition
of “prevention” in article 9 of the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime. “Prevention” as it has been conceptualized in normative
frameworks is examined, as also how those frameworks have been narrowly implemented.
Vulnerability, in particular the vulnerability of an individual in his or her social context, emerges
as the missing link in formulating well-developed policies and practices. Focus is placed on what
constitutes vulnerability to trafficking as a prerequisite for the development of valid prevention
programmes. New considerations are introduced as regards the development of strategic policies
to prevent trafficking that are capable of addressing the real problems of vulnerable populations
according to their own needs, in their own contexts. The author questions what is meant when
experts describe human trafficking as a growing phenomenon, since any assessment of an
increase in human trafficking is impossible to quantify except in general terms. Reasons for this
include differences in national definitions of the crime of trafficking, as well as of who
constitutes a victim of trafficking, along with a lack of consistent, reliable and comparable data.
Both crime prevention and reduction of vulnerability are valid approaches to combating human
trafficking. Each calls for different dynamics in policy and programme planning. A focus on
vulnerability will enhance the human rights component of trafficking prevention policies.
Traditional definitions of crime prevention can contribute to the enhancement of anti-trafficking
policies by focusing on reducing elements of risk in the environment. Theoretically, prevention
should therefore aim to eliminate trafficking before it occurs by reducing the factors that make
individuals vulnerable to being trafficked.
CATEGORIES OF HUMAN TRAFFICKING IN INDIA
SEX TRAFFICKING
Sexual trafficking include sexploitation and coercion of a migrant into a sexual act as a
precondition for them by the traffickers for allowing or arranging their migration. This type of
trafficking often uses physical or mental exploitation and coercion, abuse of power, deception
and bondage incurred through the forced debt. A lot of times, trafficked women and children are
being promised to work under service or domestic industry but instead of it, they are taken to
brothels or somewhere else where they are required to work as a sex worker. While their
passports and other identification documents are being confiscated by the traffickers. 1 In major
cases, it has been found out that the victims of sex trafficking have been beaten or locked up by
the traffickers and they were promised their freedom only if they earn through prostitution. 2 It
was claimed by the International Labour Organisation (ILO) that around 4.5 million people are
affected through sex trafficking in a worldwide. While most of the victims find themselves in a
coercive or abusive circumstances and from which escapement is like impossible, difficult as
well as dangerous.
LABOUR TRAFFICKING
They are like unfree labourers which includes all kinds of slavery like debt slavery, serfdom,
labour camps, etc. Most of the works are covered under the forced labour and the International
Labour Organization (ILO) also defines it as an involuntarily work or service which is performed
by the victims under the menace of a penalty. Labour trafficking is a movement of the workers
for the purpose of forced labour or services which involves bonded or child labour, domestic or
involuntary servitude. Most of the time, it happens in the domain of agriculture, manufacturing,
construction, domestic work, entertainment, etc. While migrant workers and indigenous peoples
are especially at the risk of becoming victims. It is more often instituted and enforced on the

1
Trafficking and Prostitution: The growing exploitation of migrant women from Europe. Geneva, International
Organization for Migration, 1995.
2
Chauzy JP. Kyrgyz Republic: trafficking. Geneva, International Organization for Migration, 20 January, 2001.
migrant workers who have travelled long from their houses and came to another country just for
earning money. They are easily identified because of their physical, linguistic, cultural or ethnic
differences from the common population since they are not capable enough to complain about
pathetic situation to the appropriate authorities3.
CHILD TRAFFICKING
Child Trafficking is a major challenge and it is still prevalent in our country. It is defined as the
recruitment, transportation, harboring, transfer or receipt of the children for the purpose of
slavery, forced labour or exploitation. Exploitation of the child can take many forms like
commercial sexual exploitation which includes forcing a child into prostitution or any other kind
sexual activity like pornography. According to an estimation released by the International
Labour Organisation (ILO), around 1.2 million children are trafficked every year. In 2012, The
United Nations Office on Drugs and Crime (UNODC), reported that the percentage of child
victims had risen from 20 to 27 percent in a 3 year gap. It was also reported that every year
around 3 lakh children are being taken all over the world and sold by the traffickers as slaves.
Article 34 of The United Nations Convention on the Rights of the Child states that State Parties
undertake to protect the child from all forms of sexual exploitation and sexual abuse. The Hague
Convention on Protection of Children is an international convention which deals with
international adoption and it aims to prevent child laundering, trafficking and various other
abuses which are related to international adoption4.

ORGAN TRADE TRAFFICKING

some cases in which the victims are being forced to give up their organs while in some other
cases, the victims agree to sell off their organs in exchange of money or goods but they are not
paid at all or paid very less by the traffickers. There are various cases in which the body parts of
the victims are being removed without their knowledge especially when the victim is being
treated for any other medical ailment. In this case, some people are at extreme vulnerable risk
like migrant workers, illiterate or homeless persons and they are especially targeted for the
exploitation. Trade of Organs in human trafficking is considered as an organized crime and
involves several kinds of offenders like recruiters, traffickers, buyers, transporters, medical
staffs, middlemen, etc. Trafficking of kidneys are often thought to be the main body parts in the
organ trade. Trade in organs is an another kind of human trafficking and it can take place in
various forms. There are Also it is a very profitable business for the human traffickers to involve
in this because there are already very long waiting lists for patients who all need transplants of
the body parts while there is a lack of donors at the world level5.
FORCED MARRIAGE TRAFFICKING

3
"Trafficking for Forced Labour". ungift.org. Archived from the original on 4 April 2013.
4
"Human Trafficking Statistics | #HelpERASE Child Trafficking". ERASE Child Trafficking. 20 October, 2016.
5
"Trafficking for organ trade". ungift.org. on 9 November 2014.
The United Nations termed forced marriage as an abuse of human rights because it is violating
the freedom and autonomy of the victims. According to Universal Declaration of Human Rights
(UDHR), it is a central point of their life and dignity that every person has a right to choose their
spouse and to enter freely into a marriage. The Roman Catholic Church considers the forced
marriage as a ground for granting an annulment and for the valid marriage, both the parties
should consent for the marriage freely. In various situations, a forced marriage qualifies as a
form of human trafficking. For instance, if a woman is being forced to marry someone and sent
to abroad and if continuously she is being compelled to engage in sexual activities with her new
husband, then her experience would be amount to sex trafficking. In another case, if a bride is
being treated as a domestic servant by her in laws or husband, then it would be amount to the
labour trafficking.6
ISSUES AND CHALLENGES OF HUMAN TRAFFICKING IN INDIA
Commercial Demand for Sex: The nature of sex trafficking is considered to be an economic
supply by the traffickers and many abolitionists tries to end this nature while explaining the
detrimental causes of a demand model. In this demand model, males ask out for a female
prostitute which leads to be a market of sex workers which in turns out to be fostering sex
trafficking, illegal trade, coercion of peoples into sex work. While pimps and traffickers becomes
distributers and supply a chain of women for the sexual exploitation.
Poverty, Globalization and Unemployment: Lack of poverty, educational and economic
opportunities may lead women to migrate voluntarily and then they may be compelled into
trafficking involuntarily for sex work.
Gender Based Discrimination: It is a cultural norm which is followed in our country that sons are
considers as superior, authoritative and more useful in a family than daughters in our patriarchal
society. Thus this society leaves girls with no or very limited access to education and it leads to
gender gaps between boys and girls in both literacy rates and financial earning potentials.
According to 2011 census, the literacy rate for men was around 82 percent and for women, it was
around 35 percent while men were paid 25 percent more than women. So, as a result of gender
based discrimination, the sex ratio in India is too wide.
Urban Policies and Human Rights Violation: I think the grave urban policies of the government
and the violation of human rights of the victims have tremendously increased the scope of human
trafficking in our country. For instance, if we look at the urban apartheid, its manifestations have
become increasingly extreme. Therefore, it is challenging the fight which is being going on
against the poverty and the threats of democracy in the country. Thus, we need to re consider our
urban policies so that, along with the security of our peoples, our public space would also be
renewed ethically, politically, culturally, etc. So, for changing our lives in this 21st century, we
also need to care about the human rights violations of the peoples of our country.
Thus, human trafficking is considered as the third largest organized crime in the whole world.
MEASURES TO COMBAT HUMAN TRAFFICKING IN INDIA

6
"Forced Marriage and the Many Faces of Human Trafficking". theahafoundation.org.
The government need to re organize their anti-human trafficking policy in this mean time, we
need to think about some more structural factors which effectively can build up a nationwide
anti-traffickingplan in our country. Also nothing is exhaustive here nonetheless, the plan would
be comprised of most of the well effective factors which we all ask for a better criminal justice
framework to address human trafficking as a serious crime. While it is also based upon the
approach with respect to human rights norms and standards.
Be Specific Regarding the Scope of Human Trafficking: Before proceeding further, I think the
most important question here which needs a well-researched answer is what constitutes a human
trafficking crime and what is the scope of it. Through this, we need getting rid of all the
conceptual ambiguities surrounding the issue of human trafficking in our country. Though the
issue has already been defined in various protocols but our national laws are not so expansive
about it.
Judiciary Must be Held Responsible: In India, judiciary acts as an independent, constitutional
body and it is considered as a sole protector for advocating our fundamental and human rights
violations by the individuals in our country. But the main problem pertains to the judiciary is that
there are not sufficient number of judges to deal with all the cases which appear before our
courts and it is the root cause of high number of pending cases before the courts. Thus most of
the cases have a span of about 5 to 6 years or 10-12 years depending upon the nature of the case.
Thus it is very difficult for the investigating officers to provide the protection to the victims or
witness or to stop the witness from becoming hostile for such a long period of time. Due to this,
the accused persons in human trafficking cases get acquittals and due to this inability of the court
to solve the human trafficking cases expeditiously, it is very difficult for the prosecution, with
every passing year, to secure the testimonies of victims and witness against the accused
traffickers.
Must be Conviction of Traffickers to Deter Others: There must be a conviction of the alleged
human traffickers so that the examples can be set to deter the other traffickers from committing
human trafficking and not to exploit any other victim otherwise, they would have to face harsh
convictions. Also the prosecution of all the alleged human traffickers should be on the basis of
adequate criminal provisions that means alleged traffickers should be punished and not the
victim who is being trafficked. Through the adequate criminal provisions, there should be any
legal lacunae under which the conviction cannot be made more likely. There is an example
regarding various legal types of lacunas in our IPC under which, the traffickers can use the
defense system to evade the criminal prosecution form the alleged crime.
Accept the Human Rights Principles: The most reasonable and genuine measure to combat the
human trafficking in India is to ratify the International Human Rights Conventions or treaties
which are initiated by the United Nations or any other renowned internal organization. Here is a
major problem which we need to confront that our national laws do not operate according to the
international human right framework. In other words, to combat the human trafficking, we do not
have a powerful human rights normative framework. For instance, India ratified a Convention on
the Elimination of All Forms of Discrimination against Women (CEDAW) in 1993 which
provides a framework for the non-discrimination steps against the trafficking of girls and women
for prostitution in India. Its article 6 requires to take all necessary steps like a legislation to stop
all types of trafficking in India. Though after ratification, India made a reservation on articles
regarding acceptance of discrimination in cultural and customary practices which are done in our
India. On this reservation pertaining to gender discrimination and private sphere in marriage,
then many international human rights organizations questioned the effect of CEDAW on gender
inequality in India. For example, if Indian law are not compatible with the CEDAW, then its
violation cannot be challenged under the principle of this convention. Thus, while adopting these
reservations, there is a passive inaction on the violation of articles 5 and 16 of CEDAW.
Moreover, it undermines the goals of CEDAW and for the parties involving in the contract.

CONCLUSION
Human trafficking jeopardizes the dignity and security of trafficked individuals, and severely
violates their human rights. Constitutions of India guarantee the equal rights of men and women,
but they are often merely rhetoric when it comes to the question of practical implementation. In
order to combat trafficking and thus to protect the human rights of the vulnerable people, strong
political will of the government is vital in implementing their anti-trafficking mandates. Thus we
can say any crime which can be used as business one day becomes a big social evil as in the case
of human trafficking. The problem is still in our hands to be solved if the strong steps are taken
deliberately and policies are made and implemented strictly. If timely steps are not taken then in
very short time it will remain late but too late.

REFERENCES
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India_Country_Report_29aug13. pdf.
2. Human Trafficking the Fact, Global Initiative to Fight Human Trafficking, 2008, 1-2.
3. "India". Trafficking in Persons Report 2008. U.S. Department of State, 2008.
4. "Launching of Web Portal on Anti Human Trafficking" (Press release). PIB. 20 February
2014. Retrieved 21, 2014. 5. National Crime Records Bureau Data from 2010, 2011, 2012, 2013,
2014. 6. Shamim I. State of Trafficking in Women and Children and their Sexual Exploitation in
Bangladesh. Dhaka: Centre for Women and Children Studies (CWCS), 2010.
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PLAGIARISM REPORT