IMMORAL HUMAN TRAFFICKING

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THE LAWWAY WITH LAWYERS JOURNAL
VOLUME:- 3  ISSUE NO:- 3   September 2, 20023

IMMORAL HUMAN TRAFFICKING

BY:-SHRUTI DIXIT

page no:- 1

Introduction:

Human trafficking is a criminal offense that involves the recruitment, transportation, transfer,
harboring, or receipt of persons through force, coercion, or deception for the purpose of
exploitation. Laws related to human trafficking vary from country to country, but they generally
focus on preventing, prosecuting, and providing assistance to victims of trafficking. These laws
can cover various aspects of human trafficking, including prevention, investigation, prosecution,
and victim support.
Many countries have ratified international agreements that address human trafficking, such as the
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children (commonly referred to as the Palermo Protocol), which supplements the
United Nations Convention against Transnational Organized Crime.
Constitutional & legislative provisions related to Trafficking in India
1. The Constitution of India: While the Indian Constitution does not explicitly
mention “trafficking,” certain fundamental rights and directive principles are
relevant to combating trafficking:
 Article 23: Prohibits trafficking in human beings and forced labor. It
states that “traffic in human beings and beggar and other similar forms of
forced labor are prohibited, and any contravention of this provision shall
be an offence punishable in accordance with law.”


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 Article 39: Part of the Directive Principles of State Policy, it mandates
that the State shall direct its policy towards securing that children are
given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity.
2. 2. The Immoral Traffic (Prevention) Act, 1956 (ITPA): The ITPA is the
primary legislation in India dealing with trafficking for commercial sexual
exploitation.
3. 3. Protection of Children from Sexual Offences Act, 2012 (POCSO Act): The
POCSO Act addresses sexual offenses against children, including trafficking for
sexual exploitation. It provides comprehensive provisions for the protection of
children and their rights.
4. 4. Bonded Labour System (Abolition) Act, 1976: While not exclusively
addressing trafficking, this act is relevant as it addresses forced labor and debt
bondage, which are often interconnected with trafficking situations.
5. 5. Juvenile Justice (Care and Protection of Children) Act, 2015: This act is
relevant to trafficking situations involving children as it provides for the care,
protection, and rehabilitation of children in need of care and protection.
6. 6. Criminal Law (Amendment) Act, 2013: This amendment brought changes to
various sections of the Indian Penal Code (IPC), Criminal Procedure Code
(CrPC), and the Evidence Act to strengthen laws related to sexual offenses,
including trafficking for sexual exploitation.
7. 7. The Prohibition of Child Marriage Act, 2006: While not specifically
addressing trafficking, this act is relevant as child marriage can often be linked to
trafficking and exploitation.


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Measures taken by Government of India to Prevent and Combat Human
Trafficking
1. Legislative Framework: Immoral Traffic (Prevention) Act, 1956 (ITPA): This act
criminalizes trafficking for commercial sexual exploitation and provides for the rescue,
rehabilitation, and reintegration of victims.
2. Protection of Children from Sexual Offences Act, 2012 (POCSO Act): This act
addresses sexual offenses against children, which are often related to trafficking. It
provides for the special needs of child victims and witnesses during legal proceedings.
3. National Plan of Action against Trafficking and Commercial Sexual Exploitation of
Women and Children (2016): This plan outlines a comprehensive strategy to prevent
trafficking and provide support to victims. It focuses on prevention, rescue, and
rehabilitation, and involves coordination between various government departments,
NGOs, and international organizations.
4. Anti-Human Trafficking Units (AHTUs): AHTUs have been set up across various
states and union territories in India. These units are responsible for investigating
trafficking cases and coordinating efforts with other law enforcement agencies.
5. Swadhar and Ujjawala Schemes:
o Swadhar Greh Scheme: This scheme provides shelter and rehabilitation for
women in difficult circumstances, including victims of trafficking.
o Ujjawala Scheme: This scheme focuses on the prevention, rescue, rehabilitation,
and reintegration of victims of trafficking for commercial sexual exploitation. It
provides for the economic and social empowerment of survivors.
6. One-Stop Centre’s (Sakhi Centres): These centers provide integrated support and
assistance to women affected by violence, including trafficking. They offer medical,
legal, psychological, and vocational support to survivors.
7. Beti Bachao Beti Padhao (Save the Girl Child, Educate the Girl Child): While not
exclusively focused on trafficking, this initiative aims to address gender discrimination
and improve the status of girls in society. It indirectly contributes to preventing
trafficking by promoting education and empowerment of girls.
8. Raising Awareness: The government conducts awareness campaigns through various
media to educate people about the dangers of trafficking and how to prevent it.
9. International Collaboration: India collaborates with international organizations,
neighboring countries, and global initiatives to address cross-border trafficking issues.
10. Strengthening Law Enforcement: Efforts are made to train law enforcement agencies
to effectively handle trafficking cases and to ensure proper victim protection.


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India implemented International Conventions on Trafficking
India has ratified and implemented several international conventions and protocols related to
trafficking in persons. These agreements aim to strengthen the legal framework and cooperation
in addressing human trafficking. Here are some of the key international conventions on
trafficking that India has ratified and implemented:
 United Nations Convention against Transnational Organized Crime (UNTOC):
India is a signatory to the UNTOC, also known as the Palermo Convention. This
convention provides a comprehensive framework for addressing various forms of
transnational organized crime, including human trafficking. It includes three protocols:
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children: Commonly referred to as the Palermo Protocol, this protocol aims to prevent
and combat trafficking in persons. It requires countries to criminalize trafficking, protect
and assist victims, and promote international cooperation.
 SAARC Convention on Preventing and Combating Trafficking in Women and
Children for Prostitution: India is a member of the South Asian Association for
Regional Cooperation (SAARC) and is a party to this convention. The convention
focuses on preventing and combating trafficking within the SAARC region.
 ILO Convention No. 29 and No. 105: India is a party to the International Labour
Organization (ILO) Convention No. 29 and No. 105. While not specifically focused on
trafficking, these conventions address forced labor and aim to eliminate practices that
could contribute to trafficking situations.
 Hague Convention on the Protection of Children and Co-operation in Respect of
Intercountry Adoption: While not directly related to trafficking, this convention seeks
to ensure that intercountry adoptions are carried out in the best interests of the child. It
helps prevent the illicit practices that could lead to trafficking in the context of adoption

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