Human

Trafficking in
India.

MARCH 5, 2019

BBA LLB. SAP ID: 81022018016.

Authored by: Kayvan Kuvadia.

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Laws governing Human Trafficking in India

Under the guidance of-

Adv. Bindu Dubey

(Professor)

Submitted by:

Kayvan Kuvadia

First Year- BBA LLB

Roll No. 15

2018-2019

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 Declaration

I hereby declare that the work reported in this project report entitled Laws governing Human
Trafficking in India submitted 5th March. I have duly acknowledged all the sources from which the
ideas and extracts have been taken. To the best of my understanding, the project is free from any
plagiarism issue.

Name-
Kayvan Kuvadia.

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Table of Contents
1.Human Trafficking ......................................................................................................................... 3
Introduction...................................................................................................................................... 3
What is it & Why is it illegal? ....................................................................................................... 3
2.Human trafficking in India ........................................................................................................... 4
Situation of Human Trafficking in India ........................................................................................ 4-5
Laws governing Human Trafficking in India ............................................................................. 5-8
3.Cases and Stories……………………………………………………………………….8-9
4.Conclusion…………………………………………………………………………………………..9

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 HUMAN TRAFFICKING
 Introduction:

Human trafficking can be defined as the trade of humans for various purposes such as, forced
labour, sexual slavery, commercial sexual exploitation done either for the trafficker or someone
else. Human trafficking also encompasses the trading of human beings for forced marriages, for
extracting their organs and tissues and to sell them for a high price on the black market and for
surrogacy and/or ova removal. In more simpler words it can be defined as the business of
stealing a person’s freedom for obtaining profit. However, the term human trafficking is not
restricted to only the “trade” of human beings, but the traffickers can trick and, defraud or
physically force people to work in inhumane like conditions which may not always be illegal,
but shall always be morally unacceptable. It is a highly profitable criminal industry that denies
freedom to more than 25 million people around the globe.

 What exactly is Human trafficking and why is it illegal?

UNDOC (United Nations office on Drugs and Crimes) defines Human trafficking as
“Trafficking in persons is the acquisition of people by improper means such as force,
fraud, or deception, with the aim of exploiting them. Trafficking is any activity leading to
recruitment, transportation, harbouring or receipt of persons, by the means of threat or
use of force or a position of vulnerability.” Smuggling of migrants involves the procurement
for financial or other material benefit of illegal entry of a person into a State of which that
person is not a national or resident 1. Virtually every country in the world is affected by this
infestation and India is no exception. Traffickers using fraud, force or coercion, target
and lure people who are susceptible for a variety of reasons, they target people who may
be psychologically or emotionally vulnerable to a certain kind of habit and exploit that
vulnerability in order to lure them. The trauma that a person experiences whilst being
exploited by traffickers can be so deep that the victims may never ask for help even in
high public settings. Human trafficking is a hidden and a hideous crime that is conducted by
criminals solely due to the large amounts of profits involved in it. It is a billion-dollar criminal
industry that is second only to the drug trafficking industry. It is a growing industry that is
condemned as a serious crime that is in direct violation of human rights by international
conventions for obvious reasons.

1
https://www.globalministries.org/news/sasia/stories-of-human-trafficking-in.html

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 HUMAN TRAFFICKING IN INDIA

 Situation of Human Trafficking in India:

As explained above that Human Trafficking is the second largest criminal industry across the
globe. More than 80% of Human Trafficking is done with the purpose of sexual exploitation
and bonded labour. In Asia, India is considered as the largest hub of Human trafficking. As per
the statistics provided by the government of India, in every 8 minutes, a child within our
country goes missing. In the year of 2015, 40,000 children were reported missing and more
than 12,000 of these children were from West Bengal. The government in the report further
stated that only 30% of the missing children were reported, so the number of children that went
missing is considerably high. Human trafficking has always been one of the major problems in
India, yet till date no concrete study has been conducted in order to actually analyze the total
number of victims and to study the problem as a whole. The New York Times, in its report
revealed the vast problem of human trafficking in the state of Jharkhand and also further stated
that, young girls from Nepal are constantly trafficked to India in vast numbers. The research
conducted by Times of India indicated that, Karnataka is the third largest hub in India for
human trafficking. As per the criminal research data, more than half of the human trafficking
cases are from the states of Tamil Nadu, Bihar, Orrisa and West Bengal. In a research study it
was found that half of the slaves all over the world, live in India and Delhi is the largest hub for
human trafficking in India. In India, human trafficking is on the rise due to various reasons.
Firstly because of the demand for commercial sex that is created by large number of people that
migrate to commercial cities for work. Secondly, due to economic injustice and poverty.
Another reason for the increase in this infestation can be social inequality. Even though human
trafficking, in India, is condemned as a grave crime, this highly immoral act is on the rise.

 The laws governing human trafficking in India:

 The suppression of immoral traffic in women and children act, 1956

In India, there was an Act named The Suppression of Immoral Traffic in Women and Children Act of
1956 which was an Act passed by the parliament in 1956 but it enforced in 1958 because of India
signing’s the Trafficking Convention. Under this act, a woman could not publicly invite or practice
prostitution, but could do so privately. This act said that the organized prostitution like brothels,
prostitution rings, pimping, etc is illegal but if a woman selling her body individually and voluntarily for

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the exchange of material benefits 2. SITA did not focus on “abolition of prostitutes and prostitution as
such and to make it as per se a criminal offence or punish a person one prostitutes oneself.” Its stated
goal was “to inhibit or abolish commercialized vice, namely the traffic in persons for the purpose of
prostitution as an organized means of living.” Under SITA, prostitution defined as “the act of a female
who offers her body for promiscuous sexual intercourse for hire. The engagement by a women in
individual, voluntarily and independent prostitution was not an offence.” As there are some drawbacks,
because of which it didn’t serve the purpose of enacting the Act. One of its drawbacks is that the
punishments described in the Act discriminate based on sex. A prostitute defined under SITA as always
a women, who arrested for soliciting under SITA could be imprisoned for up to a year, but a pimp faces
only for three months3. SITA allowed prosecution of persons other than the prostitutes only if the persons
involved “knowingly” or “willingly” made women engage in prostitution. As well as pimps, brothel
owners, madams and procurers could feign ignorance of prostitution and escape punishment. The client,
moreover, not viewed as an offender and could not be sanctioned under SITA. At the last, SITA only
addressed street prostitution, prostitution behind the closed doors was exempted under the Act and
because of this exemption, and this is actually promoted to establishment of brothels. Because of these
drawbacks in this Act, this act was amended in 1978 and renamed as Prevention of Immoral Traffic Act
(PITA) as well as it received the current title, The Immoral Traffic Prevention Act (ITPA), 1986.

 IMMORAL TRAFFIC PREVENTION ACT, 1956

The Immoral Traffic Prevention Act is 1986 amendment legislation passed in 1956 as a result of signing
by the India of the United Nation’s declaration in New York for suppressing trafficking. The Indian
Parliament amends this Act twice, in 1978 and 1986. The Immoral Traffic Prevention Act made tough
laws against any type human trafficking and the punishment provided in the Act according the crime
committed by the person. ITPA protects the rights of women and children. The general provisions of
ITPA are that the law applied on the both male and female. The crux of this Act, addressees to the
trafficking not to the prostitution as all the provisions mentioned under this Act is related to the
trafficking. The trafficker trafficked the women for the prostitution then it will come under ITPA but if
a woman is selling her body individually, voluntarily and independent for the exchange of material
benefit then this act is not come under ITPA. The offences envisaged under ITPA are specific in the
context of Commercial Sexual Exploitation (CSE). The Sections listed below:

1. 3 ITPA: Keeping or managing (or assisting in keeping in managing) a brothel or allowing premises
to be used as a brothel (including vehicle).
2. 4 ITPA: Living on earning of prostitution (even partly).
3. 5 ITPA: Procuring, inducing, trafficking, or taking person for the sake of prostitution. Even attempt
to procure or take would constitute the offence.
4. 6 ITPA: Detaining a person in any premises (brothel or any other) where prostitution is carried out.
5. 7 ITPA: Anybody who carries on prostitution, or anybody with whom such prostitution is carried
on, in the vicinity of public places (which includes hotel, vehicles, etc.)
6. 8 ITPA: Seducing and Soliciting for the purpose of prostitution in any public place or within sight
of a public place.

2
R. Chakraborty, Anti human trafficking laws, 28 (2017).
3
https://racolblegal.com/laws-on-human-trafficking-in-india.

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 7. 9 ITPA: Seduction of a person in custody (which include causing or assisting seduction for
prostitution of a person in custody)4.

Similarly in a case, a judge observed “The crux of the Act, this does criminalize the trafficking of the
women from the seducing, seduction, living on the earning of the prostitution, prostitution on the public
place and furthermore, but it does not criminalize the prostitution done by the women voluntarily and
independently behind the closed doors for the exchange of material benefits. The offences are described
under Immoral Traffic Prevention Act from Section 3 to 9. Rather than these sections, others sections in
the Act described the definitions of the specific terms in prostitution, protection of the victims, police
can arrest the person involved in the trafficking without warrant, in which court the trial will be proceed
and many more”.

 GOA CHILDREN’S ACT, 2003

In 2003, the State Government of Goa was legislated this Act and Goa Government amended The Goa
Children’s Act after two years in 2005. This is the First State Level Act legislated by any State
Government. This law passed especially for the protection of rights of the children. This act talked about
the prevention and protection of children from various offences like Child Labor, Child Trafficking,
Commercial Sexual Exploitation and the Violation of Child Rights. The definition of child given in this
Act is “any person who has not completed the age of eighteen, while a child in case of child labor is any
person who has not completed the age of fourteen.”. Under the Act, Section 7 talked about the “Child
labor and Trafficking”, Section 8 talked about “Child Abuse and Trafficking”, Section 8 talked
about “Commercial Sexual Exploitation and Dedication”. These are the main sections of this Act, which
talked about the trafficking of the child, and other sections talked about different issues related to the
children. Section 3 talked about the Rights of the Child, Section 4 talked about the Education of the
child, Section 5 & 6 talked about the Health and Nutrition of the child and Children’s Homes
respectively. There are 40 sections in the Act and each one ensure the protection of child against abuse,
exploitation and neglect as well as to give the better standard life to the child victims 5.

 IMMORAL TRAFFIC PREVENTION AMENDMENT BILL, 2006.

This bill introduced in the Lok Sabha on 22nd May, 2006. Immoral Traffic (Prevention) Amendment
Bill, 2006 amend Immoral Traffic (Prevention) Act, 1956 to combat trafficking and sexual exploitation
for commercial purpose. The Bill deletes provisions that penalized prostitutes for soliciting clients. It
penalizes any person visiting a brothel for the purpose of sexual exploitation of trafficked victims. All
offences listed in the Bill tried in camera, i.e., the public excluded from attending the trial. The term
“trafficking in persons” has been defined with a provision for punishing any person who is guilty of the
offence of trafficking in persons for the purpose of prostitution. The Bill constitutes authorities at the
centre and state level to combat trafficking.

4
Immoral traffic prevention act, 1956, Acts of Parliament.
5
Nizam Azeez Sait, Juvenile Justice- care and protection act, 2000, 104 (2000).

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 1. ISSUES AND ANALYSIS.

While prostitution is not an offence, practicing it in a brothel or within 200 m of any public place is
illegal. There seems to be a lack of clarity on whether prostitution ought to be a legitimate way of earning
a living if entered into by choice. Penalizing clients who visit prostitutes could drive this sector
underground, preventing legal channels of support to victims of trafficking. This Bill punishes trafficking
for the purpose of prostitution. The Bill does not cover trafficking for other purposes (such as bonded
labor and domestic work). The rank of special police officer, who would enforce the Act, is lowered
from Inspector to Sub-Inspector. Such powers delegated to junior officers could lead to greater
harassment. The Bill constitutes authorities at the centre and state level to combat trafficking. However,
it does not elaborate on the role, function and composition of these authorities 6.

1. KEY FEATURES:
2. It deletes the provisions related to prosecution of prostitutes soliciting for customers.
3. It provides prosecution of client who are involved in the sex with trafficked people.
4. It defines the term “trafficking in persons” and provides penalties.
5. It increases penalties for some offences.
6. It constitutes authorities at the central and state level to combat trafficking.

 INDIAN PENAL CODE, 1860:

The Indian Penal Code lays down the numbers of provisions related to the trafficking. The provisions
are:

1. Kidnapping, abducting or inducing women to compel her for marriage, etc (Section 366).
2. Selling minors for purposes of prostitution, etc (Section 372).
3. Buying minors for purposes of prostitution, etc (Section 373).
4. Wrongful restraint (Section 339).
5. Wrongful confinement (Section 340).
6. Mental tortured/harassed/assaulted (Section 351).
7. Outraged of her modesty (Section 354).
8. Raped/Gang Raped/Repeatedly raped (Section 375).

 CHILD LABOR (PREVENTION & REGULATION) ACT, 1986:

This Act prohibits employment of children below the age of 14 years in notified occupations and
processes. The Act also regulates the employment of children in non-hazardous occupations and
processes. Some of the important prohibited occupations and process are carpet weaving, building and
construction work, brick kilns, production of hosiery goods, work as domestic servants, and in tea-shops,
road side eateries, etc.

6
Id at note no. 3.

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  LAWS IN ANDHRA PRADESH:

1. THE WOMEN DEVELOPMENT CHILD WELFARE AND DISABLBED WALFARE

DEPARMENT (WDCW & DWD);

The Government of Andhra Pradesh has taken so many preventive steps to prevent combatant
trafficking. The Andhra Pradesh Government establishes the Women Development Child Welfare and
Disabled Welfare Department (WDCW & DWD), which protect the people against Human Trafficking.
A number of anti-trafficking measures have been undertaken by the Police Department to prevent and
combat trafficking. Advisory boards in all districts of the States have been formed. Since 2003-04, 1573
cases have been registered, around 4721 persons including traffickers, brothel owners, pimps,
clients/customers were arrested, more than 600 victims were rescued and 110 cases have ended in
conviction and 1996 persons were convicted7.
As well as WDCW & DWD established 29 Swadhar homes for the women in distress and for the child
development. Further with the support of UNDP, 10 more Swadhar homes established in 9 different
districts and provided funds from UNDP to develop infrastructure and skill-development training
facilities. WDCW & DWD also provide immediate relief to the rescued victims of trafficking by
providing Rs. 10,000 each victim.
The enforcement of law and the cognizance taken by the Government of Andhra Pradesh and the police
Department was fruitful step. This saved so many lives of women and children, they are living a good
life in the rehabilitation homes like Swadhar, AP has designated as the best state who took the cognizance
against Human Trafficking, and they are successfully undergoing with their projects related to the
Human Trafficking.

 Cases/ Stories on Human Trafficking:

1. Ms. M used to work in the fields of her home town doing agricultural work. On average her
wages were between Rs 500 to Rs 600 a month ($12.22 to $14.66). One day Ms M was offered
work in Delhi as a servant maid earning Rs 1500 per month. On the first of August 2005, Ms
M, accompanied by two other women from her home town, went to Delhi to the agency that
promised them work. Upon arriving the women discovered that the agency housed around
twenty women from different parts of India. The women were made to sleep on the floor and
were given only one chapatti (a flat bread that is cooked on a grill) each to eat. Ms M was sent
to work for a wealthy family in Delhi. During her time working for the family she was given
little food to eat. Ms M also did not receive the money that she earned. Instead the money was
sent back to the agency that had brought her to Delhi.

7
Ramndeep Kaur, Human Trafficking in India must end, My India. https://www.mapsofindia.com/my-
india/society/human-trafficking-in-india-must-end

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 Ms M quit her job and was sent back to the agency in Delhi. Ms M was able to persuade
someone to let her leave the facilities. During her time at the agency Ms M was molested and
was witness to several rapes. Ms M is a living witness to the exploitation that is being carried
out of young girls and women who are lured with the hope of better wages to work as
maidservants. There are many agencies in India like the one Ms M was in. Many women in
these agencies have gone missing and nobody knows what happened to them. 8

2. An increasing trend is reported from some villages that girls as young as ten years old go
missing for four to five years. On their return, the girls mention that they got married to
somebody, and that now they come back because "he does not like" her anymore. Around 500
children have been taken in the name of finding jobs from Saontalpur and Dhawlajhora
T.E. Some of these children are untraceable and no one has contact details. 9
3. P was like any other child in his village of Panbari. His family was poor and struggling to
make ends meet. One day P's uncle came to visit the family. The uncle promised a better life
with good food and an education to his nephew. The uncle offered to take him to a school in a
different part of India. The mother believed her brother and let P go with his uncle. The uncle
sold P with three other children to a well-known child trafficker for Rs 800. P died when a fire
broke out in the room the children were held captive. The uncle was informed of the deaths
and received Rs 500. The mother was never told about her son's death10.

 Conclusion:

The freedom of so many men, women and children are taken away simply for the sake of
profit. This has ruined not only the society at large, but the very life of the individual as well.
The scale on which human trafficking is being conducted is increasing gradually day by day.
As we have studied above, there have been many laws enacted by the government for the sake
of abolishment of this cancer. Still, the laws have a very less effect on the flow of human
trafficking. According to me, the roots of human trafficking must be cut off before it grows
deeper in to the soil of our country, otherwise, it would become impossible to abolish human
trafficking to the full extent. Because of this wretched crime that sucks out the freedom of its
victims, the lives of millions of people are ruined. There may not be any golden rule to
completely abolish Human trafficking, but there are various ways in which it could be
restricted to the most minute level. Hopefully, in future the regulations and punishments
concerning human trafficking would become stricter and harsher, so as to absolutely crush this
cancer and its perpetrators.

THANK YOU!

8
https://www.globalministries.org/news/sasia/stories-of-human-trafficking-in.html.
9
Id at note no. 8
10
Id at note no. 8.

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