HUMAN TRAFFICKING

SUBMITTED BY -
SUDHANSHU RAJ
A45806422028
BBA – 2 A
AMITY SCHOOL OF BUSINESS
PATNA

SUBMITTED TO –
PROF. UPANSHU MISHRA
Introduction
Human trafficking is a global issue that affects millions of people worldwide. It is estimated that approximately
1,000,000 people are trafficked each year globally. Between 2008 and 2019 the number of human trafficking
victims identified worldwide more than quadrupled from around 30,000 to nearly 120,000. It is a form of
modern-day slavery where individuals are transported illegally by force or deception for the purpose of labour,
sexual exploitation, or activities in which others benefit financially. Despite efforts to combat this crime, it
remains a pervasive problem that requires continued attention and action.

Human trafficking is a complex and multifaceted issue that affects both developed and developing countries. It
takes many forms, including forced labour, sexual exploitation, and forced marriage. It has a devastating impact
on its victims and survivors. The impact varies depending on the type of trafficking and the specific situation,
but research has identified a range of issues that victims and survivors may experience. Victims of trafficking
are often exposed to harsh physical conditions, including excessive work, work without proper protection and
equipment or the use of force by their traffickers. They may also be exposed to health risks such as HIV/AIDS,
infections, and substance abuse. Victims often experience serious mental health risks due to being trafficked
that result in anxiety, insecurity, fear, and trauma. Several studies indicate high levels of Post-Traumatic Stress
Disorder (PTSD) in survivors. Trafficking can also lead to cognitive impairment, memory loss, depression, and
even suicide. Trafficked minors are even more vulnerable due to their age

Efforts to combat human trafficking have been ongoing at the international, regional, and national levels. These
efforts include the development of anti-trafficking laws and initiatives, as well as the allocation of significant
resources to combat this crime. Organizations such as the OSCE (Organization for Security and Co-operation in
Europe) work to combat human trafficking through prevention, prosecution, protection and partnerships in a
victim-centric, human rights-based approach. In 2019, India’s National Investigation Agency Act of 2008 was
amended whereby the NIA has been authorized to investigate cases of human trafficking. A number of schemes
focusing on rescue, rehabilitation and repatriation of victims of trafficking have been instituted by the
Government of India which address specific areas that are victim-centric. However, despite these efforts, the
scale of human trafficking has continued to grow over the past decade.

The purpose of this case study is to provide an in-depth analysis of the issue of human trafficking. Through the
examination of specific cases and examples, we will explore the various forms of human trafficking and its
impact on individuals and society. We will also discuss current efforts to combat human trafficking and provide
recommendations for future action.

In the following sections, we will first provide background information on human trafficking and its various
forms. We will then present specific cases and examples to illustrate the impact of human trafficking on
individuals and society. We will also examine the root causes of human trafficking and discuss current efforts to
combat this crime
Human Trafficking
Human trafficking is the act of obtaining individuals by coercion, fraud, or deception for the purpose of
exploitation for financial gain. This crime occurs all throughout the world and can affect men, women, and kids
of different ages and socioeconomic situations. To deceive and coerce their victims, traffickers frequently resort
to violence, dishonest employment agencies, and false claims of chances for education and employment.

Trafficking in persons is a serious crime and a grave violation of human rights. Every year, thousands of men,
women and children fall into the hands of traffickers, in their own countries as well as abroad also. Almost every
country in the world is affected by trafficking, whether as a country of origin, transit or destination for victims.
Human trafficking can happen anywhere, as long as the environment contains vulnerable conditions. Human
trafficking varies from country to country, but it usually preys on vulnerable situations. People in vulnerable and
precarious situations are looking for a way out and in their desperation can fall prey to human traffickers.
Trafficking is a complex phenomenon that is often driven or influenced by social, economic, cultural and other
factors. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries
and abroad. Many of these factors are specific to individual trafficking patterns and to the states in which they
occur. Today, many countries are collabourating together to reduce the causes of human trafficking. The U.S.
State Department Trafficking-in-Persons Report is the world’s most comprehensive resource on anti-trafficking
efforts, including 188 countries and territories. Against their will, millions of people around the world are forced
to work for the profit of others, for example by begging, prostitution, involuntary servitude, working in
sweatshops etc. According to some estimates, approximately 80% of trafficking involves sexual exploitation, and
19% involves labour exploitation. There are approximately 20 to 30 million slaves in the world today. Human
trafficking is a hidden crime as victims rarely come forward to seek help because of language barriers, fear of the
traffickers, and/or fear of law enforcement.

In Indian context, the Criminal Law (Amendment) Act, 2013 amended section 370 of the Indian Penal Code
defined trafficking as whoever, for the purpose of exploitation (a) recruits, (b) transports, (c) harbours, (d) transfer
or (e) receives, a person or persons, by – first- using threat, or secondly using force, or any other form of coercion,
or Thirdly, - by abduction, or fourthly- by practicing fraud, or deception or fifthly - by abuse of power, or sixthly-
by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any
person having control over the person recruited, transported, harboured, received, commits the offence of
trafficking. The person who commits the offence of trafficking shall be punished with rigorous imprisonment for
a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable fine.

Root causes of trafficking

Human trafficking is a complicated issue with many underlying reasons that differ across countries. Some of the
main reasons include poverty, lack of education, demand for cheap labour or sex, absence of human rights
protections, lack of legitimate job opportunities, cultural factors, conflicts and natural disasters, lack of safe
migration options, deception and intimidation, and the pursuit of profit.

A report by the International Labour Organization (ILO) in 2012 stated that there are 21 million victims of forced
labour worldwide. The majority of these victims, 11.7 million or 56 percent, are in the Asia-Pacific region. Africa
has 3.7 million victims (18 percent) and Latin America has 1.8 million (9 percent).

The Huffington Post reports that 75 to 80 percent of human trafficking and slavery is for sex, while the remaining
victims are forced into labour exploitation in industries such as agriculture and construction. In 2015, the National
Human Trafficking Resource Center reported 5,544 cases of human trafficking.

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Although traffickers have a variety of objectives, there are common patterns that help to explain the fundamental
causes of human trafficking. The top reasons for human trafficking are shown below.

1. Natural calamities, extreme poverty, and the desire for a better life

Traffickers often deceive their victims by offering them jobs and stability. Once the victims arrive in a
new state or region, the traffickers take control and often hold them in places where the victims did not
want to live. Traffickers target individuals who are vulnerable to being coerced into the human trafficking
industry. These individuals are often migrants who have left their homes due to economic hardship, natural
disasters, conflict, or political instability. The displacement of populations increases their emotional
vulnerability and they often lack the financial means to protect themselves, making them susceptible to
abuse through trafficking.

2. Women and children are targets

In some societies, women and children are more vulnerable to trafficking than men due to their
devaluation. Traditional attitudes and practices, early marriage, and lack of birth registration increase their
susceptibility. The demand for women in sex trafficking also makes them targets. According to a report
by Equality Now, 20.9 million adults and children are bought and sold worldwide for commercial sexual
servitude, forced labour, and bonded labour. Of the victims trafficked for sexual exploitation, 98 percent
are women and girls.

3. Demand for cheap labour

The service industry, especially restaurants and kitchens, often exploit victims of human trafficking. There
is also a demand for cheap domestic and agricultural labour. Employees are often lured with promises of
a safe work environment and a steady salary, only to later discover that they are paid less than minimum
wage and required to work overtime. Business owners who engage in this illegal behavior continue to do
so because the victims of trafficking are often unable to protect themselves and have few other options.

4. Human trafficking generates a huge profit

According to the International Labour Organization (ILO), the human trafficking industry generates $150
billion in profits annually. Two-thirds of this amount comes from commercial sexual exploitation, while
the remaining third comes from forced economic exploitation in industries such as domestic work and
agriculture. Human trafficking is the second-largest and fastest-growing criminal industry in the world,
after drug trafficking.

5. It is challenging to identify instances of human trafficking

Identifying victims of human trafficking can be challenging because they are often well-hidden or highly
traumatized. Traumatized victims may be reluctant to share information with investigators due to fear of
law enforcement or because they are too emotionally distressed to respond. According to a report by the
Urban Institute, consumers of human trafficking also contribute to the hidden nature of the crime. Both
traffickers and consumers are aware of the risks involved in participating in this illegal activity and will
take measures to conceal their actions.

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 6. Political conditions

Political instability, militarism, widespread violence, or civil unrest can also lead to an increase in
trafficking. When populations are destabilized and displaced, their vulnerability to exploitation and abuse
through trafficking and forced labour increases.

7. Social and Cultural practices

In many societies and cultures, women and girls are devalued, mistreated, and exploited, resulting in
dangerous living conditions for them. With limited opportunities for advancement and little value placed
on them, they are more susceptible to human trafficking.

8. War

Armed conflicts can result in the forced displacement of large numbers of people. War creates many
orphans and street children who are particularly vulnerable to trafficking. Their families may have died
or be involved in the conflict, making it difficult for them to care for their children.

The underlying causes of trafficking vary and often differ between countries. Trafficking is a complex issue
influenced by social, economic, cultural, and other factors. While many of these factors are specific to individual
trafficking patterns and the states in which they occur, there are also common factors that are found in many
different regions and cases. One such factor is the exploitation of potential victims' desire to migrate by traffickers
who initially recruit and gain control through cooperation, only to later use more coercive measures once the
victims have been moved to another state or region. Common factors that drive populations to migrate in search
of better conditions include poverty, oppression, lack of human rights, lack of social or economic opportunities,
and dangers from conflict or instability. Political instability, militarism, civil unrest, internal armed conflict, and
natural disasters can also increase trafficking. The destabilization and displacement of populations increase their
vulnerability to exploitation and abuse through trafficking and forced labour. War and civil strife can result in
massive population displacements, leaving orphans and street children particularly vulnerable to trafficking.

Poverty and wealth are relative concepts that can drive both migration and trafficking patterns in which victims
move from conditions of extreme poverty to less extreme poverty. The rapid expansion of broadcast and
telecommunication media, including the internet, in the developing world may have increased the desire to
migrate to developed countries and, consequently, the vulnerability of potential migrants to traffickers. The
practice of entrusting poor children to more affluent friends or relatives can also create vulnerability. Some parents
may sell their children, not only for the money but also in the hope that their children will escape chronic poverty
and have a better life and more opportunities elsewhere.

Social or cultural norms also support trafficking in some countries. For instance, a society's devaluation of
women and girls makes them disproportionately susceptible to human trafficking. Other reasons that support
human trafficking include inadequate legislation, a lack of political commitment to uphold current laws or
regulations, and a lack of political will.

The Trafficking Scheme

Human traffickers often establish transnational routes to transport migrants seeking to escape unfavorable living
conditions. Trafficking typically begins in origin countries such as Southeast Asia, Eastern Europe, and Sub-
Saharan Africa, where recruiters use various means such as the internet, employment agencies, media, and local
contacts to find migrants. Middlemen who recruit within the origin country often share the cultural background
of the migrants. Migrants see the services of a smuggler as an opportunity to move from poverty in their home
countries to more stable and developed environments.

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Due to difficulties in obtaining legitimate travel documents, smugglers provide migrants with fake passports or
visas and advise them on how to avoid detection by border control agents. Transporters sustain the migration
process through various modes of transportation including land, air, and sea. While many victims leave their
destination country voluntarily, most are unaware that they are being recruited for trafficking. Some may be
kidnapped or coerced, but many are lured by false job opportunities or promises of passports or visas. Transporters
involved in trafficking victims from the origin country are only paid after delivering the migrants to the
responsible party in the destination country. Immigration documents, whether legitimate or fake, are seized by
the traffickers. Victims are then often subjected to physical and sexual abuse and forced into labour or the sex
trade to pay off their migratory debts.

Types of Human Trafficking

The most common form of human trafficking resulting in servitude is the recruitment and transportation of
individuals into the international sex industry. This involves both males and females, adults and children, and
accounts for an estimated 58 percent of all trafficking activities. It includes various forms of servitude such as
forced prostitution, pornography, child sex rings, and sex-related occupations like nude dancing and modeling.
Forced prostitution is an ancient form of enslavement and recruiting individuals into this lifestyle is often a
lucrative business for those involved in the sex trade. Victims of sexual slavery are often misled into believing
they are being relocated for legitimate employment. Those who enter the sex industry as prostitutes face inhumane
and potentially deadly conditions, particularly with the prevalence of HIV/AIDS. Additionally, some countries,
including India, Nepal, and Ghana, have a form of human trafficking known as ritual or religion-based slavery,
where young girls are offered as sexual slaves to atone for the sins of family members.

Forced labour has likely existed since the beginning of human history, but there are several forms of modern
involuntary servitude that can go unnoticed by the general public. One of the most common forms is debt bondage,
where individuals are enslaved to pay off unpaid debts. Contract slavery is another form that uses false or
deceptive contracts to justify or explain forced labour. In the United States, the majority of non-sex labourers are
forced into domestic service, followed by agriculture, sweatshops, and work in restaurants and hotels.

Childrens often get sold or taken to places with the hope of finding a better life but instead end up being exploited
in numerous ways. Children from very big families who are considered "extra children" are frequently forced into
domestic duty for lengthy periods of time. Other trafficked kids are frequently made to work in small-scale cottage
enterprises, factories, the entertainment and prostitution sectors, and manufacturing facilities. They are frequently
compelled to work unreasonably long hours, in dangerous environments, for meagre pay, or both. Sometimes
they develop into "street children" and are employed in the drug trade, prostitution, theft, begging, and all of these
other criminal activities. Additionally, young children who have been trafficked into the military as soldiers have
taken part in armed conflict.

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 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.

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Major types of Human Trafficking are –

1. Sex trafficking

Sex trafficking is a form of human trafficking and is a serious crime. It involves the illegal
transportation of individuals for the purpose of sexual exploitation. This can include forced
prostitution, forced labour, and other forms of exploitation. Victims of sex trafficking are often
subjected to physical, emotional, and psychological abuse. They may be forced to work long hours in
dangerous conditions and may not receive any compensation for their labour.

There are many factors that contribute to sex trafficking, including poverty, lack of education and job
opportunities, and political instability. Traffickers often target vulnerable individuals who are
desperate for a better life. They may use deception, coercion, or violence to force their victims into
sexual exploitation.

The effects of sex trafficking on victims can be devastating. They may suffer from physical injuries,
sexually transmitted infections, and mental health issues such as depression and post-traumatic stress
disorder. Many victims are unable to escape their traffickers and may remain trapped in a cycle of
abuse and exploitation.

Here are some examples of situations that can lead to sex trafficking:

 Romeo pimps or “boyfriending”: A trafficker poses as a romantic partner and manipulates the
victim into engaging in commercial sex acts.

 Familial trafficking: A family member forces a child or relative into commercial sex acts.

 Child trafficking: A child is forced into commercial sex acts by a non-family member.

 Online trawling: Traffickers use social media and other online platforms to recruit victims into
commercial sex acts.

These are just a few examples of how sex trafficking can occur. It’s important to note that sex
trafficking can happen to anyone, regardless of their age, gender, or nationality.

2. Forced labour

Forced labour is a term that describes work or service that someone is made to do against their will,
under the threat of a penalty, and without their consent. It can involve physical or mental coercion,
deception, or abuse of power. Forced labour can affect any person, regardless of their age, gender, or
nationality, and can occur in any sector or industry. It is a violation of human rights and a form of
modern slavery.

According to the International Labour Organization (ILO), forced labour can be understood as work
that is performed involuntarily and under the menace of any penalty. It refers to situations in which
persons are coerced to work through the use of violence or intimidation, or by more subtle means such
as manipulated debt, retention of identity papers or threats of denunciation to immigration authorities.

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 Some examples of industries where forced labour is commonly found include agriculture and fishing,
hospitality and transport services, domestic work, construction, mining, quarrying and brick kilns,
manufacturing, processing and packaging, and sex work. Forced labour can also occur in global supply
chains, such as in the fishing, textile, construction, mineral and agriculture industries.

Forced labour can begin during the worker’s recruitment process to force the acceptance of the job, to
deceive the worker into an exploitative job, or to create a situation of debt bondage by charging
recruitment fees that are virtually impossible for the workers to repay. Once the person is working, an
employer may also force, defraud, or coerce the victim to perform work not agreed to at the time of
recruitment.

3. Domestic servitude

Domestic servitude is a form of forced labour or trafficking in human beings in which the victim is
required to perform work in a private residence and cannot leave of their own free will. It may involve
debt bondage, forced marriage, or child fostering. It is often isolated and difficult to detect.

Domestic servitude can occur when individuals are compelled against their will to provide work or
service through the use of force, fraud, or coercion. This crime happens both in the United States and
overseas. Victims are rarely able to seek help for various reasons. For instance, they may be hindered
by language barriers, or they may physically be unable to leave the premises to seek help if their
movements are restricted and monitored by their employer.

Some examples of domestic servitude include:

 A domestic worker is brought to a foreign country by their employer and has their passport
confiscated. They are forced to work long hours for little or no pay and are not allowed to leave
the house.

 A child is sent to live with another family in exchange for better care and educational
opportunities. However, the child is forced to work as a domestic servant and is subjected to
physical and emotional abuse.

 A person is forced into a marriage and is required to perform domestic duties for their spouse’s
family. They are not allowed to leave the house and are subjected to physical and emotional
abuse.

These are just a few examples of how domestic servitude can occur. It’s important to note that
domestic servitude can happen to anyone, regardless of their age, gender, or nationality.

4. Organ Trafficking

Organ Trafficking is a complex and often hidden crime that involves the illegal trade of human organs.
It is a form of human trafficking where organs are stolen or bought through exploitation to be sold on
a black market for profit. According to Global Financial Integrity (GFI), 10 percent of all organ
transplants including lungs, heart and liver, are done via trafficked organs. However, the most
prominent organs that are traded illicitly are kidneys, with the World Health Organization (WHO)
estimating that 10,000 kidneys are traded on the black market worldwide annually.

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 Organ traffickers profit in the shadows, while their destructive medical footprint is the only thing that
is felt. It leaves vulnerable populations, aka “donors,” and first world beneficiaries, aka “recipients,”
open to severe exploitation and a lifetime of health consequences. Organ trafficking holds a critical
place with transnational organized crime groups due to high demand and relatively low rates of law
enforcement.

Organ trafficking can take many forms. In some cases, organs may be stolen from living or deceased
individuals without their consent. In other cases, individuals may be coerced or deceived into selling
their organs. Traffickers may also pose as representatives of legitimate organ matching organizations
to lure desperate patients in need of an organ transplant.

The impact of organ trafficking on its victims can be devastating. Victims may suffer from physical
and psychological harm as well as financial exploitation. The illegal trade in organs also undermines
the integrity of legitimate organ transplant systems and can lead to a loss of faith in the medical system.

Efforts to combat organ trafficking include raising awareness about the issue, strengthening legal
frameworks and law enforcement efforts, and supporting organizations that work to protect the rights
of organ donors and transplant recipients.

Human trafficking in India

Human trafficking is a major issue in India. Despite the existence of several anti-human trafficking laws, it
remains a significant problem. People of all genders and ages are trafficked for various purposes such as
commercial sex, forced labour, and prostitution. Women and girls are often trafficked within their own country,
particularly in areas where there is a high male population or where the sex ratio is skewed in favor of men. Men
and boys, on the other hand, are primarily trafficked for bonded or forced labour.

In India, trafficking of young girls into the prostitution in the country are often being initiated by the women who
have been trafficked themselves. While as adults, they are capable to use their personal relationships and trust in
their villages of origin to recruit the additional girls.

The United States Department of State's 2013 Trafficking in Persons Report estimates the number of persons
trafficked for forced labour in India within the range of 20 to 65 million. Approximately 25,000 young girls are
forcefully engaged in prostitution. As per the Crime in India Report, 2015 released by National Crime Record
Bureau (NCRB), there were 6,877 cases related to human trafficking in 2015 against 5,466 in 2014, with the
highest number of cases reported in the North-east state of Assam, followed by West Bengal. The data also show
that there were 19,717 cases related to human trafficking awaiting trial in 2015, of which 15,144 were cases from
the previous year. The findings released by NCRB show West Bengal as the hub of human trafficking in India,
followed by Tamil Nadu, Andhra Pradesh, Karnataka and Maharashtra with Delhi as the transit point. The number
of women trafficked has risen by 22 percent to 10,119 in 2016.

In the recent published report, the National Human Rights Commission (NHRC) reveals that 40,000 children are
kidnapped yearly, out of which 11,000 could never be traced. According to NCRB Report, 2015, a total of 3490
cases of crimes relating to child trafficking were registered. Annexure 1 shows the state wise distribution of child
trafficking cases for the year 2015. The crime rate under crimes with respect to human trafficking has shown a
rise from 0.4 in 2014 to 0.5 during the year 2015.

The cases registered under the forced/ bonded labour has also been on rise. The NCRB reported that government
have identified at least 8,281 victims in 2015 as compared to 6216 victims in 2014. Of the victims identified in
2015, 5,407 were subjected to sex trafficking, 426 were subjected to bonded labour, and 2,448 were victims

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identified in relation to a case investigation under Article 370 and not further categorized into victims of sex or
labour trafficking. Due to the complex nature of trafficking, the mitigating process requires a coordinated, multi-
disciplinary national and international response.

From Darjeeling to Delhi – Story of a young girl who was trafficked

"Tina's* father came to me one night and reported that his 14-year-old daughter had gone missing. Something
told me that this was a case of human trafficking that required urgent attention. We lodged a complaint at the
local police station and my NGO - MARG also started investigating this case. As a starting point, I went to
Tina's school and spoke to her friends. After speaking to 25 girls I was able to gather bits and pieces of
information. I was told that she had lost her mother, and her father, an alcoholic, used to beat her up. She used
to spend long hours on the phone talking to a boy named Rajan*. Her friends from school also gave us
information about four other boys she used to talk to. We spoke to each of these boys and narrowed our search.
We then showed her photograph to all the taxi stands in the vicinity and one driver recognized her. He had
driven her from Darjeeling to Siliguri and he said that during the drive she was constantly talking to a person
named Rajan who was located in Delhi. This case haunted me. I visited the local police station and at the same
time I kept in touch with Tina's grandmother. One day her grandmother called me and said that she had received
a call from Tina who was in Chandigarh. I took the number and traced it. Tina had actually called from Delhi. I
contacted CBI in Delhi and informed them about this case. Once we had her location, CBI conducted a raid and
she was rescued."

– Mr. Nirnay John Chettri, General Secretary, MARG

MARG - Mankind in Action for Rural Growth is a non governmental organization based in Darjeeling, West
Bengal. This region in the north-eastern part of India is vulnerable to human trafficking. Many young girls and
women are trafficked to Delhi, Maharashtra, Haryana and Punjab for prostitution and forced marriages. West
Bengal has also emerged as a hub for agents and traffickers sending women and children to the Middle East as
forced labour. Lack of awareness, paucity of work opportunities and frequent natural disasters push women and
children into the hands of traffickers.

Tina, too, was easily lured by a trafficker with false promises of work in a big city. Nirnay believes that Tina's
case is one of the few success stories where law enforcement agencies, community organizations and civil society
were able to rescue a girl that was trafficked. He says: " Today 21 people are behind bars in this case. However,
we are not always this fortunate. In most cases by the time we are able to track the location of the girl, she has
already been sold several times and we have lost all track of her."

Repatriation and reintegration of the survivor into the community is another huge challenge. Survivors are faced
with stigma and are often not welcomed back into their own homes. In most cases they prefer not to go back to
their villages. In Tina's case, too, she did not want to go back to her village and instead wanted to stay in Delhi
and study.

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Nirnay says: "Tina insisted on staying in Delhi and so we arranged for her to relocate to a state run shelter home
in Delhi. She is now studying and her favourite subject is Maths. When I came down to Delhi last time, I met her.
I asked her what she wanted to do when she grows up and she told me that she wanted to work with MARG. She
said that she would never want any girl to go through what she had to."

The Ministry of Home Affairs, Government of India has taken a number of measures to prevent and counter
human trafficking in the country. These include the setting up of 225 specialized anti human trafficking units
across the country, sensitization programmes for police and training of prosecutors.

Issues and challenges of human trafficking in India

There is a complex set of major issues and challenges of human trafficking in India and that needs to be resolved.

1. 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. There is always
been an increase in demand of sex among peoples and their demand, in most of the cases, is been facilitated
by pimps and traffickers. Trafficked women are also being exploited as workers and harassed by them
because they do not require any kind of wages, safe working conditions, agency while choosing customers,
etc

2. 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. As globalization has opened up the
national borders for smooth exchange of goods and services, its economic impact has also pushed peoples
especially women and children to migrate and be vulnerable to trafficking. Gender inequality also pushes
women to migrate towards informal sector which is more hazardous for them. 28 Unemployment,
Globalization and Internet Technology as well has facilitated a lot more towards human trafficking. Also
long waiting list for the organs in countries like US, UK has created a thriving international black market
of human trafficking. Wealthy countries are unable to meet their demand of organs within their own
borders thus it perpetuates human trafficking. Globalization has nurtured the new technologies which may
aggravate sex trafficking, while technology can also be used for assisting law enforcement and anti-
trafficking methods.

3. 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.

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 So if there are very number of men in India than the young women, then it is high possibility of bride
trafficking, illegal sale of women just for marriage and it is becoming prevalent in our country. In the rural
areas of northern states of Haryana, Punjab, UP, etc. where the sex ratio is too exacerbating than the
national average, there bride trafficking has become a normal problem. It has perpetuated a societal
structure which favors males over females and men are unable to find a wife for themselves, thus it is
driving the self destruction and a more demand for human trafficking of women in our country for the
marriage.

4. 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.

The developments anticipated in the human rights violations are highly extreme and grave but in no way
inevitable. Governments need to apply their civic sense by protecting the rights of the citizens of the
country and prevent them from any kinds of threat or dangers and to implement the measures which are
needed to protect the social equality, social justice, human rights and sustainable human development.

5. Other challenges :

There are some other challenges related to political and institutional which increase the scope of human
trafficking in India. There are corrupt and inadequately trained police officers which in most of the cases
involve or commit violence against the victims of human trafficking or sometimes abuse them as their
personal property. Some political circumstances which are difficult to handle like civil war, social conflict
between various groups are the structural factors for the migration and human trafficking. It was also
reported that the larger countries or poorest or richest or countries with the restricted freedom of press are
likely to be engaged more in human trafficking. Especially, if a country has the transitional economy, then
it is 19 times more likely to be ranked in the highest trafficking categories.

Men, women or children are made to believe under the human trafficking that all of them will be provided
a better job in different countries or place and even they blindly believe to the human traffickers. But then,
the victims are covertly sold by the traffickers to some other person in different country. Thus, human
trafficking is considered as the third largest organized crime in the whole world.

Negative consequences of human trafficking to civil society

1. Impact on Women and Children:

Women and girls are always at the risk of unwanted pregnancies, sexually transmitted diseases
(STDs), HIV/AIDS, maternal mortality, etc. They are also affected by the drugs and harmful
medicines or other addictions which result in physical and mental deterioration. They also have a threat
of emotional well-being like deprivation from their family life, threat to their social support systems,
isolations, constant fear of arrests. Most of the times, they are scared of humiliation and abuses which
resulting in serious and emotional stress which also causes psychological consequences. They have a

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 threat of their physical safety by police, unscrupulous agents, custom officials, employers, etc. They
may also face the economic slavery, difficulties in social integration, etc.

2. Impact on all other Victims:

All the victims of human trafficking have to face various kinds of threats of violence which includes
traffickers, pimps, customers, whores, corrupt local law official persons.
The challenges which they have to face is too gruesome to handle and it makes very difficult for them
to integrate into their host community. It is a very traumatic experience for the trafficked victims that
in most cases, they have to face the Social Alienation in their host or home country. Stigmatization,
Intolerance and Social Inclusion acts as a deterrence for the victims to reintegrate to their former
society. A lot of times, they are being scared from arresting in police custody and because of the
potentially complicated law enforcements in our country, they themselves have a fear of arrest which
creates stress and other emotional trauma for the trafficked victims.

3. Short Term Impact:

There is a short term impact on the victims of human trafficking which in a psychological manner is
totally like a life threating disease for them. The perpetrators often expose them of the high amount of
psychological stress which is affected by threats, fear, physical or emotional violence. The basic
motive of the traffickers is to turn a victim to a slave and to exploit them sexually, emotionally,
verbally, economically, etc.

During short term impact, the victims usually feels the attack of depression, numbing or extreme stress,
anger or rage, guilt or self-blame. Thus under these kinds of pressures, victims may fall into
hopelessness state and feels helpless which affects their mental and physical body for a short period
of time.

4. Long Term Impact:

All the victims of human trafficking may face a long term effect on their body or they may face a
complex trauma for a long period of time. For instance, there are repeated cases of intimate relationship
trauma which includes sexual abuse, gang rape, domestic violence, forced prostitution, etc. According
to a report by the psychology researchers which says that the complex trauma is more expansive in
diagnosis due to the effects of the prolonged trauma.

The victims often experience severe trauma on a day to day basis and it devastates their healthy
development, self-worth, biological integrity over a long periods of time. The victims who grow up in
a continuous environment of exploitation, they often exhibit their antisocial and sexualized behavior,
aggression, distrust of adults, complex trauma in their whole life.

5. Economic Impact:

Human trafficking has a significant economic impact. It is estimated to generate around $150 billion
annually, making it one of the fastest-growing sources of income for organized crime. However, most
of the money produced from human trafficking goes untaxed, which means it does not benefit the
community. Fair competition can also be affected by traffickers investing in legitimate businesses to
launder money and disguise their crimes.

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 Human trafficking also has indirect economic costs. For example, victims of trafficking often require
medical care and social services to recover from their experiences. The loss of human potential and
productivity due to trafficking can also have long-term economic consequences.

There is an estimation by the International Labour Organisation (ILO) that every year around US $ 32
billion is been generating through the human trafficking. Out of these, half of which i.e. around US $
15 billion has been generated in the industrialized countries and a third of total i.e. around US $ 9
billion has been generated in Asia.

According to a research paper which was published in Human Rights Review namely, "Sex
Trafficking: Trends, Challenges and Limitations of International Law”, states that the number
associated with the sex trafficking have been rising since 2000 but the costs which is involved in this
trafficking has been declining.

As of 2018, it was estimated that the profits coming from the human trafficking were around US $ 150
billion and it was ranked as one of the most profitable transnational crimes along with the drug
trafficking.

Measures to combat human trafficking in India

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-trafficking plan 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.

For instance, article 23(1) of the Indian Constitution puts a prohibition on human trafficking and forced labour
but stated only that ―” Traffic in human beings and begging and other forms of forced labour are prohibited and
any contravention of this provision shall be an offence punishable in accordance with law.” Since human
trafficking in India applies mainly for prostitution, thus most provisions in Indian Penal Code (IPC) which are
related to human trafficking are mainly those which focuses on the forced prostitution.

For example, section 366 of IPC which talks about kidnapping or abducted women but it can be applied to human
traffickers also even when there is non specific mention of illicit trafficking in girls and women for forced
prostitution. Also the government passed an act namely, “Suppression of Immoral Traffic in Women and Girls
Act of 1956 (SITA),” it was amended in 1986 and now it is known as the Immoral Traffic in Persons (Prevention)
Act or PITA Act and here the act is restricted only to trafficking of women and girls for the forced prostitution
and they totally exclude the male from its protective regime.

Thus, I think this kind of restriction or we can say discrimination to the males should be stopped and we should
include female, children, men, transgender and among all because human trafficking can be occurred to any of
the persons mentioned above. Meanwhile, it is ridiculous that only female can be sexually exploited but the males
can also be hunted for this horrible act.

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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.

Meanwhile, the traffickers may change their names, address, identities, etc. and may continue their human
trafficking by exploiting more victims in some other place with their change identity. Thus, it creates difficulty
for the police officers to again nab the culprits and to bring them back for the trials. That’s why, it is need of the
hour to fill the vacancies in our judiciary in an expedite manner so that judiciary can work smoothly and we
should also set up the fast track courts in every district especially for the human trafficking cases and the
proceedings will be on daily basis and its priority must be to reduce the backlog of cases pertaining to human
trafficking.

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.

But IPC also has some strict provisions regarding the punishment of traffickers of girls indulged in the sex market.
For instance, section 366 (A) of IPC punishes the domestic traffickers whose work is to transport the trafficked
girls from one part to another in our county. While section 366 (B) punishes any person for importing any Indian
girl who is below 21 years for the purpose of prostitution. But both the provisions are not strict because it requires
an intention to prove that the girls are bring forced or seduced for the illicit intercourse. In this provision, it may
also happen that the girl is below 18 years and being coerced for prostitution and to stay in the sex market, then
the original trafficker has not committed any offence under this section which is a huge lacuna.

Adopt various anti trafficking initiatives:

At present time, we need to modify already taken anti-human initiatives or we need to adopt some methods for
resolving the problem of human trafficking in our country. For instance, corruption, police reforms or the
professionalism of police officers while investigating the human trafficking in India, reformation of criminal
justice system.

Various anti-trafficking awareness campaigns and fundraising programmes must be started at the district level
under the appropriate authority. Since they have a very significant role for the anti-trafficking initiatives.

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For example, In Asia, there is an anti-trafficking initiative namely “The 24 Hour Race” and it focuses totally on
increasing the scope of anti-trafficking awareness among the high school students in Asia.

The major issue which boosts the human trafficking is the corruption within the police itself which causes a
disagreement between the officials and NGOs resulting a controversy between them. According to UN Special
Rapporteur on Violence Against Women, it is understood that the due to police corruption, the human trafficking
issue is getting more strong and continuously, as a horrible issue, spoken up by the various women groups and
victims of human trafficking.

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.

Thus the anti-human trafficking is a process in which we all worried along with the infringements of human rights
violations. Thus, all are concerned about the human right violations and human trafficking process must come
together at an international level and join their hands for the active cooperation to fight all this menace of human
rights violations and human trafficking process.

Conclusion
To effectively address the issue of human trafficking in India, a comprehensive and multi-faceted strategy is
required. This includes a large-scale process of rehabilitation and reintegration for all victims of human
trafficking. Without such efforts, it will not be possible to successfully address the issue in the long run and we
risk failing to combat this menace.

I think the core principal of removing this menace will not be successful if the countries itself are not contributing
towards it and without the unwavering commitments from various developed or developing countries and other
material actors to address the harmful effects of human trafficking on the victims.

Thus, there is a need to conduct this cycle at every stage like from prevention to recruitment, rescue to
reintegration or providing the transport facilities to the bonded labour. Thus without this intervention by all of us,
the anti-trafficking efforts fundamentally will not be able to affect the human trafficked victims and their human
rights violations will be continued from this exploitative trade.

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 References:
 https://bing.com/search?q=human+trafficking+definition.

 Human trafficking | Definition, Tactics, Statistics, Types, Examples.

https://www.britannica.com/topic/human-trafficking.

 Human-Trafficking - United Nations : Office on Drugs and Crime.

https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html.

 Human trafficking - Wikipedia. https://en.wikipedia.org/wiki/Human_trafficking.

 Human Trafficking, Its Issues and Challenges in India: A Study from Human Rights Perspective :
Abhishek Singh Bhadouriya

* Names changed to protect identity.

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