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Human Trafficking in India, Causes, Consequences and Current Status

Context: The Supreme Court of India has stressed the urgent need for a clear and workable system to handle human trafficking cases, especially missing persons.

Two major human trafficking attempts have been foiled in West Bengal, underscoring the grim reality that this heinous crime continues to thrive despite ongoing efforts to eradicate it in India.

Trafficking Data
Trafficking data (2018–2022) shows persistent prevalence:

  • 2018: 2,278 cases
  • 2019: 2,208
  • 2020: 1,714 (Covid dip)
  • 2021: 2,189
  • 2022: 2,250

About Human Trafficking

Human trafficking is the transportation, recruitment of people through force, deception or fraud with the intention of exploitation. The Constitution under Article 23 prohibits trafficking in human beings and forced labour. A violation of this provision is an offence punishable by law; instances of trafficking are on the rise.

Root Causes of Human Trafficking

  • Poverty and Unemployment: Widespread economic deprivation and lack of local employment opportunities.
    • Eg., Closure of tea gardens in Darjeeling, Kalimpong, and Dooars has left locals without income.
  • Deceptive Recruitment Practices: Lure of lucrative jobs in garment factories, domestic work, or gold manufacturing units.
    • False promises of better living conditions.
  • Geographical Location & Border Vulnerability: Porous borders and weak surveillance result in cross-border trafficking.
    • Eg., West Bengal’s proximity to Nepal, Bhutan, and Bangladesh facilitates cross-border trafficking.
  • Weak Law Enforcement & Data Concealment: Underreporting of cases due to fear, social stigma, and administrative obfuscation.
    • Traffickers are adapting tactics to avoid detection.
  • Social and Gender Vulnerabilities: Women and children from marginalised communities are disproportionately targeted.
    • Patriarchal norms and lack of education heighten risk.
  • Disaster and Pandemic Impact: COVID-19 reduced livelihoods, increasing susceptibility to risky migration offers.
    • Natural disasters in the region displace communities, creating fresh vulnerabilities.

Reasons for the rise in instances of trafficking despite its prohibition under Article 23

  • Gender parity: Due to differential access to resources, education, food and housing, women and girls are trafficked by people who take advantage of their vulnerabilities.
    • Eg: Out of 6,500 victims of human trafficking in 2022, 60% of them were women and girls. (NCRB)
  • Demand for cheap labour: With a demand for cheap labour in India, traffickers tend to exploit people through trafficking into forced labour.
  • Migration: To seek better opportunities, Indian cities face large-scale migration, and traffickers take advantage of the situation by luring migrants with future employment promises.
  • Poverty: Socio-economic disparity and prejudices exacerbate the problem of tracking in humans.
  • Trafficking hotspots: Various states in India have become destinations for trafficking.
    • Eg: Maharashtra has recorded the highest number of cases of 1,392 persons in five years, followed by Telangana and Andhra Pradesh.

Consequences of Human Trafficking

  • Loss of Freedom and Exploitation: Victims forced into bonded labour, sex work, or hazardous industries.
    • Deprivation of wages, legal rights, and dignity.
  • Physical and Mental Health Damage: Exposure to violence, abuse, malnutrition, and lack of healthcare.
    • Long-term trauma and mental health disorders.
  • Breakdown of Families and Communities: Migration under coercion disrupts family structures.
    • Loss of working-age members impacts local economies.
  • Criminal Network Expansion: Profits from trafficking fund organised crime.
    • Deepens corruption among local enforcement and border officials.
  • Undermining of State Legitimacy: Poor governance and weak victim protection erode trust in the administration.
  • Inter-generational Impact: Children of victims often grow up in poverty, repeating the cycle.

Key directions of the Supreme Court to handle human trafficking cases

  • Call for a uniform SOP (Standard Operating Procedure): The Court has asked for a simple, ground-level procedure that police stations can follow immediately, rather than theoretical frameworks.
  • Time-sensitive action: The Court highlighted that the first few hours after a missing person report are crucial, and delay can reduce chances of rescue.
  • Continuous investigation: Authorities must not treat cases as routine; investigation should continue actively until the person is found.
  • Multi-level consultation: The Union Home Secretary, State Home Secretaries, and police heads have been asked to work together and consult field-level officers.
  • Role of expert committee: A committee of experts (including senior police and legal professionals) will assist in drafting effective procedures.
  • Police-level implementation: The SOP should clearly guide police stations on the steps to be taken immediately after receiving a complaint.
  • Priority to missing persons cases: Missing persons, especially children and vulnerable groups, must be treated as potential trafficking cases from the start.
Legal measures to curb instances of human trafficking
  • Legislation: Various legislations prohibit bonded and forced labour in India.
  • Immoral trafficking prevention act: Trafficking for commercial sexual exploitation is penalised under IMPA with an added penalty of seven years of imprisonment.
  • Indian Penal Code: Section 366(A) and Section 372 of IPC prohibit kidnapping and selling minors into prostitution with a penalty of ten years imprisonment.
  • Juvenile Justice Act, 2015: The act entails a provision of ensuring care and protection of a child trafficked and suffering from handicaps, as stated in Section 2 of the Act.
    • Eg, Sections 23, 24, 25, 26 of the Act deal with various forms of exploitation of children declared as cognizable offences under the Act.

Other Initiatives to Curb Instances of Human Trafficking

  • Anti-trafficking cell (ATC): The cell was launched in 2006 under the aegis of the Ministry of Home Affairs to act as a common centre for communicating actions taken by state governments to combat incidences of human trafficking.
  • Operation AAHT: It is a pan-India drive by the Railway Protection Force to take effective action in cases of human trafficking via rail.
  • Anti-Human trafficking units (AHTUs): The government of India provides financial assistance to states to set up AHTUs at the district level.
    • Eg: Proposal for setting up AHTUs in all districts of states/UTs has been approved under the Nirbhaya fund
  • International initiatives: The UN Convention on Transnational Organised Crime has been ratified by India, which includes a protocol on human trafficking.
    • Eg: India enacted the Criminal Law Amendment Act, 2013 on its lines.

Way Forward

  • Address Economic Roots: Promote local job creation in agro-processing, tourism, and handicrafts.
    • Introduce livelihood schemes targeted at vulnerable districts.
  • Strengthen Law Enforcement & Data Transparency: Mandatory crime data disclosure with independent audits.
    • Special anti-trafficking units trained in victim-sensitive approaches.
  • Border & Placement Agency Regulation: Monitor and license recruitment agencies.
    • Enhance border surveillance with technology and community patrols.
  • Community-Based Prevention: Empower local youth clubs, self-help groups, and NGOs for sensitisation drives.
  • Victim Rehabilitation & Protection: Provide safe housing, legal aid, counselling, and vocational training.
    • Ensure reintegration support for rescued victims to prevent re-trafficking.
  • Use of Technology: Deploy GPS tracking, digital ID verification, and AI-based alerts in transport hubs.
    • Maintain a centralised database of missing persons and trafficking patterns.

Conclusion

Therefore, with initiatives by the government, international organisations, civil society groups, amongst others, can help curb instances of trafficking in India, and to make it a reality, the scheme of Mission Vatsalya was introduced.

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