VOLUME I, ISSUE 2 | ISSN: 2456-3595 INTERNATIONAL JOURNAL OF LEGAL INSIGHT

ANTI-CHILD TRAFFICKING INTERVENTIONS IN INDIA: GROUND REALITIES

Dr. Ruma Bordoloi & Manashi Neog**

ABSTRACT

Child trafficking is widely a threat of global proportions. In spite of considerable anti-

trafficking activities in India, the ground reality is that these activities have not been able to
address the problem. Although, the existing interventions time and again have been reviewed,
the reviews were usually general, done as part of anti-trafficking strategy development
activities. This calls for proper documentation, monitoring and evaluation of the effectiveness,
feasibility and sustainability of these intervention approaches.

It has been found that lack of a holistic understanding and awareness of the problem remains
the greatest challenge to any intervention on child trafficking; due to this lack of understanding
there are no reliable estimates of the magnitude or a comprehensive legal framework to
counter child trafficking issues. At all the levels coordination, cooperation, and support from
government agencies is essential for effectively preventing and rescuing trafficked children.

Keywords: Child Trafficking, Human Rights, Vulnerability.

INTRODUCTION

Child trafficking is a crime which involves movement of children so as to exploit them. The
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational Organized
Crime, 2000 defined child trafficking as the recruitment, transportation, transfer, harboring or
receipt of persons, by means of threat or use of force or other forms of coercion, abduction,
fraud, deception, of abuse of power, giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for the purpose of exploitation;
exploitation shall include, at a minimum, prostitution, other forms of sexual exploitation,
forced labour or services, slavery or practices similar to slavery, servitude or the removal of

* Dr. Ruma Bordoloi, Principal, NEF Law College, Guwahati, Assam.

** Manashi Neog, Assistant Professor, Assam Rajiv Gandhi University of Cooperative Management,
Assam.

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organs.1 Child trafficking in India has become a matter of serious concern. In the last decade
the magnitude of trafficking in India has significantly increased. It is difficult to obtain
comprehensive data on the extent of human trafficking in India. India is a source, destination,
and transit country for trafficking of persons, including young girls. Ninety percent of
trafficking in the country, is estimated to be internal, with victims of trafficking mostly being
used for forced labour.2 The root causes, processes and consequences of trafficking are
complex and it is subject to considerable debate. However, given their vulnerable nature
women and children are more prone to the evil of trafficking. There are various reasons behind
this vulnerability of children to unwanted situation including the failure on the part of the
family to protect them against any danger.3

The impact of trafficking most importantly on the child is a neglected area. By employing
psychological manipulations and coercive methods the traffickers maintain control over their
victims and make their escape virtually impossible by destroying their physical and
psychological defences. The trafficked children are subjected to different forms of torture
which include physical, sexual, and psychological violence; isolation; deployment in areas
unknown to them; dependence on alcohol or drugs; controlled access to food and water; and
monitoring through the use of weapons, cameras, and dogs. 4 Although a concrete data on the
impact of trafficking on children is not available, numerous accounts suggest that the emotional
and physical trauma and unrelenting abuse and fear present a grave risk to physical,
psychological, spiritual, and socio emotional development of the victims.5

In order to prevent and combat child trafficking, a considerable number of programs and
policies have been developed and implemented. At the international, regional and national
levels, government and non-government organizations have established plans of action,
conducted training, developed policy tools, and conducted a variety of other activities to
counter the evil of trafficking in persons. For the anti-child trafficking interventions to work

1
UNODC, United Nations Convention against Transnational Organized Crime and the Protocols thereto,
https://www.unodc.org/documents/middleeastandnorthafrica/organised/united_nations_convention_against_tran
snational_organized_crime_and_the_protocols_thereto.pdf (last visited on Nov. 9, 2016).
2
Jindal Global University, India's Human Trafficking Laws and Policies and the UN Trafficking Protocol:
Achieving Clarity, http://www.jgu.edu.in/chlet/pdf/Indias-Human-Trafficking-Laws-Report-Book_Feb-
2015.pdf.
3
Child Trafficking: Analysis of the Leading Familial
Determinants, 8 FWU Journal of Social Sciences 36-45 (2014).
4
Yvonne Rafferty, The Impact of Trafficking on Children: Psychological and Social Policy Perspectives, 2
Child Development Perspectives 13-18 (2008).
5
Ibid.

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effectively it is essential to increase quality evaluations of these programs. This in turn ensures
that the programs are targeted, implemented, and delivered effectively, and the knowledge on
the impact of programs is improved. Today, trafficking of children is recognized as a distinct
and gross violation of children rights comprising one of the worst forms of labour. 6 There are
myriad ways through which child victims of trafficking in India are exploited like those
including as factory and agricultural workers, domestic servants and beggars. In particular,
girls fall prey to trafficking for the purpose of forced marriage and commercial sexual
exploitation. The porous borders in the region are often cited as a contributing factor to cross-
border trafficking, including the trafficking of girls from Nepal and Bangladesh to India. End
Child Prostitution in Indian Tourism (ECPAT) International estimates that 150,000 women and
children are trafficked from South Asia annually, most from, through or to India.7

In spite of considerable anti-trafficking activities in India, it seems there has been very little
documentation, monitoring or evaluation of the effectiveness, feasibility or sustainability of
current intervention approaches. However, the existing interventions time and again have been
reviewed but then the reviews were overly general, done as part of anti-trafficking strategy
development activities. The individual components of the intervention strategies for preventing
child trafficking have rarely been examined in depth. Given the likelihood of increased funding
for anti-trafficking work, a thorough understanding of how different approaches may (or may
not) be working, what lessons have been learned and which areas require further in depth study
is crucial.8

THE ANTI-CHILD TRAFFICKING INTERVENTIONS

International Legal Framework on Trafficking in Children

There are a number of international conventions and instruments which have been enacted to
counter trafficking in human beings and measures for its eradication. Some of the most
important documents regulating the problem of trafficking in children are:

6
P.Madhava Soma Sundaram and M.D. Allen Selva Kumar, Anti-Trafficking Interventions in India: Towards the
explication of an empowered child in Tamil Nadu, International Perspectives on Crime and Justice 393-418
(2009).
7
International Development Law Organisation, Preventing and Combating the Trafficking of Girls in India Using
Legal Empowerment Strategies A Rights Awareness and Legal Assistance Program in Four Districts of West
Bengal, http://www.idlo.org/Publications/FinalReportGirlsProject.pdf.
8
The Asia Foundation & Population Council Horizons, Prevention of Trafficking and the Care and Support of
Trafficked Persons in the Context of an Emerging HIV/AIDS Epidemic in Nepal,
https://asiafoundation.org/resources/pdfs/NepalTrafficking.pdf.

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Convention on the Rights of the Child

9
is the most important and dynamic
tool for the promotion and protection of child rights. The Convention guarantees the right to
survival and development of the children, as well as protection from all forms of neglect, abuse
and exploitation. The state signatories have taken the pledge for developing and implementing
adequate national, bilateral and multilateral measures for the prevention of the abuse, sale or
trade of children for whatever purpose and in whatever form. Besides, the signatory states are
also obliged to undertake all measures needed for the physical and psychological recovery and
social re-integration of the child-victim in an environment beneficial to the health, self-esteem
and dignity of the child. This includes, in the first place, the right to be accommodated in
shelters and have access to health and educational institutions.

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography (2000)

The Optional Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography supplements the Convention on the Rights of the Child
in which prostitution and the trade in children are explicitly deemed violations of the rights of
the child.

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and
Children defines Trafficking and the Protocol against Smuggling of Migrants by Land, Sea or
Air10

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and
Children, known as the Palermo Protocol, defines trafficking in human beings and declares that
effective action to prevent and combat trafficking in persons, especially women and children
requires a comprehensive international approach in the countries of origin, transit and
destination that includes measures to prevent such trafficking, to punish the traffickers and to
protect the victims of such trafficking.

http://www.ohchr.org/en/professionalinterest/pages/crc.aspx (last visited on Nov. 5, 2016).

10
Supra note 1.

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The Protocol is the very basis on which many states, including India, have criminalised
trafficking in human beings as well as initiated activities for the assistance and protection of
trafficked persons, including the repatriation of victims of trafficking in human beings. The
Protocol directs states to cooperate in the prevention and fight against trafficing in human
beings, exchange of information and training, and strengthening border contros without
jeopardizing the international activities in favor of free circulation of people.11

Convention on the Worst Forms of Child Labour

The International Labour Organisation Convention no. 182 on the Worst Forms of Child
Labour outlines four worse forms of child labour abuse which are:

1. All forms of slavery or slavery-like services, like sales and trade of children, debt bondage
and servitude, as well as forced and compulsory work, including forced and coerced
recruitment of children to be involved in armed conflicts;

2. Use, delivery and offer of a child for prostitution, production of pornographic materials or
participation in pornographic performances;

3. Involvement of children in illicit activities like production and sale of drugs, as defined in
the relevant international agreements;

4. Any work that by its nature or circumstances in which it is performed is damaging for the
health, security or moral of a person under the age of 18 years. 12

As is seen the Convention contains rules for the efficient elimination of trafficking in children
and recommendations to undertake measures for the protection of potential child victims of
trafficking. In Convention no. 182 (Article3a) trafficking of children is listed as one of the
worst forms of child labour. This is an issue which has received considerable attention in
development policy and practice. In relation to children, anti-trafficking efforts revolve
predominantly around discouraging or removing children from migration.

11
V.S. Trajkova et al., Study of child trafficking in the FYR of Macedonia,
https://www.unicef.org/tfyrmacedonia/STUDY_ON_CHILD_TRAFFICKING_IN_MACEDONIA_Final_Oct._
07_-_clean_version.doc (last visited on Nov. 5, 2016).
12
Convention on the Worst Forms of Child Labour (No. C182) 1999,
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C182 (last visited
on Nov. 6, 2016).

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UNICEF and UNODC Efforts in Preventing and Combating Child Trafficking in India

Different United Nations agencies have done commendable work in the arena of preventing
and combating child trafficking world over. The efforts of UNICEF and UNODC towards
fighting this menace in India deserve special mention in this context.

UNICEF is guided by the Convention on the Rights of the Child (CRC), which has been ratified
by most countries. The UNICEF strategy for addressing child trafficking focuses on four main
areas: Raising awareness about the problem; providing economic support to families;
improving the access to and quality of education and; Advocacy for the rights of the child. The
implantation of the Integrated Child Protection Scheme (ICPS) newly launched by the
Government of India is supported by UNICEF so as to create a protective environment for
children through the improvement and expansion of services for children in need of care and
protection and children in conflict with the law under the provisions of the Juvenile Justice Act
and related legislation.13

In order to contribute to a reduction of child labour by strengthening child protection structures

to adequately protect children against exploitation and abuse, improving the quality of
education to increase enrolment and retention, raising awareness and empowering families and
communities so that they take collective action against child labour, and addressing exclusion
of vulnerable families to service provision and social protection schemes, UNICEF adequately
supports the government.14 UNICEF also works in close collaboration with the Ministry of
Women and Child Development and other stakeholders to reduce the incidence of child
marriage, ensuring implementation of the Prohibition of Child Marriage Act and addressing
the social norms that underline this practice.15 In addition to these, there are other areas where
UNICEF supports the Government of India and other partners in their efforts of prevention of
child trafficking and the rehabilitation, return, and integration of trafficked children; the fight
against corporal punishment; promotion of birth registration; and strengthening its knowledge
base on the situation of children and child protection issues in the country. 16 UNODC on the
other hand provides livelihood and psychosocial support to survivors of trafficking in shelter

13
UNICEF, Child Protection in India, unicef.in/Story/190/Child-Protection-In-India (last visited on Dec. 9,
2016).
14
Ibid.
15
Ibid.
16
Ibid.

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homes, especially women and children in India. In close collaboration with state governments
and NGOs UNODC also strives to ensure quality care and support services to victims of human
trafficking, The caregivers were trained on issues of self-esteem and emotional intelligence
while dealing with women and children, addressing inter-personal relationships in the shelter
home and even dealing with their own feelings as caregivers. They were also motivated to
adopt stress management techniques apart from orienti

was also initiated by UNODC to provide quality care and support services to vulnerable
children at risk of physical and sexual abuse and to provide comprehensive rehabilitation
opportunities to trafficking survivors. The initiative was significantly aimed at strengthening
community structures and building institutional capacity of non-governmental and
governmental organizations working with children, and initiate training on child protection for
care providers. Through its engagement with the Ministry of Women and Child Development,
UNODC and state governments of Tamil Nadu, Kerala, Andhra Pradesh, Uttar Pradesh and
Karnataka provided psycho-sociological training to more than 650 care givers from

takers to understand the needs and emotions of children in need of care and protection in a
better manner. In the state of Tamil Nadu, with an aim to understand the psycho-sociological
needs of children (including those with mental disabilities), UNODC is supporting an
organization in partnership with Nimhans to conduct a quick assessment and develop a model
to enhance the quality of life of children living in government-
their psycho-social condition, to identify children with mental health problems and start early
intervention.

This initiative has been appreciated since it addressed an area that is usually neglected the
mental health of children in shelter homes. Also UNODC in its efforts to strengthen
victim/witness protection has collaborated with one of its partners in the state of Andhra
Pradesh with the following envisaged outcomes: increased conviction of traffickers, increased
number of witnesses attending court, increase in charge sheets filed, reduced instances of re-
trafficking, reduced adjournments and speedy disposal of cases. In addition to that, the NGO
was supported to provide training to the judiciary to ensure speedy disposal of cases, thereby
reducing the chances of traffickers going free without punishment. As a result, the conviction

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rate of traffickers and brothel keepers in the state has increased; because of the efforts of
17

NATIONAL LEGAL FRAMEWORK TO ADDRESS CHILD TRAFFICKING IN

INDIA

Also Article 24 prohibits all forms of forced labour and provides that no child under the age of
fourteen can be employed in any factory or mine or in hazardous work.

The Immoral Traffic (Prevention) Act, (ITPA) 1956 deals exclusively with trafficking and
objective is to abolish trafficking of women and girls for the purpose of prostitution by an
organized means of living. The offences specified in the Act are procuring, including or taking
persons for prostitution; detaining a person in premises where prostitution is carried on;
prostitution is or visibility of public places; seducing or soliciting for prostitution; living on the
earnings of prostitution; seduction of a person in custody; and keeping a brothel or allowing
premises to be used as a brothel.18 The Child Labour (Prohibition and Regulation) Act, 198619
prohibits employment of children in certain specified occupations and also lays down
conditions of work of children.

The Information Technology Act, 2000 imposes penalty for publication or transmission in
electronic form of any material which is lascivious or appeals to prurient interest or if its effect
is such as to tend to deprive and corrupt persons to read, see or hear the matter contained or
embodied therein. The law has relevance to addressing the problem of pornography. India has
also adopted a code of conduct for Internet Service Providers with the objective to enunciate
and maintain high standard of ethical and professional practices in the field of Internet and
related services. Juvenile Justice (Care and Protection of Children) Act, 200020 which has been
enacted in consonance with the Convention on the Rights of the Child (CRC) consolidates and
amends the law relating to juveniles in conflict with law and to children in need of care and

17
Asia-Pacific Human Rights Information Center, India: Strengthening Law Enforcement for the Prevention of
Human Trafficking, www.hurights.or.jp/.../10%20UN%20Office%20on%20Drugs%20and%20Crime.pdf (last
visited on Nov. 10, 2016).
18
The Immoral Traffic Prevention Act, 1956.
19
The Child Labour (Prohibition and Regulation) Act, 1986.
20
The Juvenile Justice (Care and Protection of Children) Act, 2000.

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protection. The law is especially relevant to children who are vulnerable and are therefore likely
to be inducted into trafficking.

Under the Indian Penal Code, 186021 there are 25 provisions relevant to trafficking. The most
significant among them are Section 366A which makes procuring of a minor girl (below 18
years of age) from one part of the country to another punishable; Section 366B which makes
importation of a girl below 21 years of age punishable; Section 374 which provides for
punishment for compelling any person to labour against his will. Moreover, some states have
also enacted their own Acts to prevent child trafficking. The Karnataka Devadasi (Prohibition
of Dedication) Act, 198222 has made the act of dedication of girls for the ultimate purpose of
engaging them in prostitution unlawful whether the dedication is done with or without consent
of the dedicated persons.

The Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989 23 imposes a penalty of
imprisonment for three years and fine are stipulated in respect of anyone, who performs,

specifically defines trafficking. Every type of sexual exploitation is included in the definition
of sexual assault. The responsibility of ensuring safety of children in hotel premises under the
Act is assigned to the owner and manager of the establishment; photo studios are required to
periodically report to the police that they have not sought obscene photographs of children and
stringent control measures are established to regulate access of children to pornographic
materials. However, though the Immoral Traffic (Prevention) Act, 1986 and the Indian Penal
Code, 1860 addresses the issue of trafficking in human beings, they do not provide a
comprehensive legal framework for protecting children from trafficking. The greatest
shortcoming of the Immoral Traffic (Prevention) Act, 1986 and the Indian Penal Code, 1860
is that they neither provide for a definition of child trafficking nor prohibit activities committed
by child traffickers in compliance with the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children (the recruitment, transportation,
transfer, harbouring or receipt of a child for the purpose of exploitation). The current provisions
of the Indian Penal Code, 1860 addresses trafficking cases under Section 372 and 373 which
cover the selling and buying of children for the purpose of prostitution and Section 366 B which
prohibits the importation of girls under the age of twenty-one for illicit intercourse.

21
The Indian Penal Code, 1860.
22
The Karnataka Devadasi (Prohibition of Dedication) Act, 1982.
23

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Furthermore it has to be highlighted that the domestic legal framework addressing trafficking
in human beings does not contain provisions in relation to the assistance that should be
provided to child victims in order to support their recovery and reintegration. These loopholes
should be urgently addressed through an effective harmonization process with that of the Indian
Penal Code, 1860 and the provisions of the Trafficking Protocol.

INITIATIVES UNDERTAKEN BY THE INDIAN GOVERNMENT TO IMPROVE

THE PROTECTION OF CHILDREN

The Government of India has taken many initiatives to ensure maximum protection of children.
These are:

1. Establishing Child Line: A child in distress or an adult on his/her behalf can access this
24-hour phone service by dialling the number 1098. Child Line provides emergency assistance

2. UJJAWALA Scheme: The Ministry launched the UJJAWALA scheme in 2007-08 for the
benefit of women and girls in difficult circumstances, with specific focus on the special needs
of trafficking victims.

3. Kishori Shakti Yojana: This Yojana is a holistic initiative supporting the development of
adolescent girls in the age group of 11-18 years so as to promote awareness of health, hygiene
and nutrition, as well as link girls to opportunities for learning life skills, returning to school
and developing a better understanding of their social environment.

4. Scheme for Rescuing Trafficking Victims: Through small pilot projects this scheme
targets to address trafficking in women and children for commercial sexual exploitation.

5. Community Based Prevention Measures on Child Trafficking: While adopting a range

of comprehensive measures for ensuring protection of children, preventing children from
falling prey to sex traffickers must be taken as a first step. Starting from mobilisation and
awareness building among families and the general public to more targeted and specific
interventions that percolates to children at risk and vulnerable because of the specific
conditions of their lives prevention strategies encompasses a broad range of multi-dimensional
interventions. Also comprehensive prevention programmes to combat child trafficking have to
encompass measures at different levels to address the specific vulnerabilities of children and

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stakeholders in the community and at the state level to establish strong protection systems for
children, including social welfare and justice systems, and to target the traffickers and curb the
financial profits they are making through these criminal activities. In the year 2008 the Indian
government launched an Integrated Plan of Action to Prevent and Combat Human Trafficking
with special focus on Children and Women. The objective was to bring into mainstream and to
reintegrate the women and child victims of trafficking in society. This Plan of Action
incorporates several community based initiatives so as to prevent trafficking such as awareness
raising programs directed to particularly vulnerable communities and the involvement of
communities to act as watchdogs and informants on traffickers and exploiters This
UJJAWALA Scheme contains specific community based programmes to prevent trafficking in
women and children including the formation and functioning of Community Vigilance Groups
including youth groups and awareness raising campaigns through mass media including
kalajathas, street plays, puppetry or through any other art forms, preferably traditional.
However, its implementation has yet not reached its objectives due to a lack of initiatives in
terms of awareness raising and education on the issue of human trafficking.

The Ministry
Child Prostitution (CACCP) consists of multiple stakeholders derived from the Central and
State Government, United Nations agencies (e.g. UNICEF, UNIFEM, UNODC), national and
international non-governmental organizations and other civil society key actors. The overall
monitoring of the Integrated Plan of Action to Prevent and Combat Human Trafficking with
special focus on Children and Women is done by CACCP and at the state level the State
Advisory Committees do so. On similar lines with CACCP, the State Committees comprises
of members from selected local and international NGOs, United Nations agencies women's
commissions, senior police authorities and social welfare directors, etc. The Committees issue
regular reports, pose questions to authorities on action being taken in and across states,
disseminate information and meet to review progress every three months. Furthermore, under
the Chairmanship of the Secretary, Ministry of Women and Child Development a Think Tank
on Public Private Partnership to Prevent and Combat Trafficking of Women and Children was
created in 2008 in order to involve the corporate sector within the multi-stakeholder approach
to tackle trafficking in women and children.24

24
Government of India, Annual Report, Ministry of Women and Child Development (2008).

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SPECIALIZED SERVICES FOR CHILD VICTIMS OF TRAFFICKING

of help but it is not specialized to offer appropriate support for child victims of trafficking.
State established Shelters: Government shelters are working closely with non-governmental
organisations and the Child Welfare Committees to improve the care standards in these
institutions, but significant improvements are still necessary.

Medical Services offered to child victims of trafficking: In general medical services are
available for all children who require special care and attention, including child victims of
trafficking although they are not seen or recognized as a different category of children in need.
Psychological Counselling Services: Although States have made some improvements to their
shelter care, victims in these facilities do not receive comprehensive protection services, such
as psychological assistance from trained counsellors. These services are hardly available and
totally inadequate in light of the needs. What services exists are mostly provided by non-
governmental organisations.

A Protocol for Pre-rescue, Rescue and Post-rescue operations of child victims of trafficking for
commercial sexual exploitation under which every identified child victim of trafficking should
be placed in a specific shelter or home which can provide him/her with adequate support has
been developed by the Ministry of Women and Child Development. In India, the Ministry of
Women and Child Development runs many shelters and homes for victims of trafficking all
over India. However, these shelters are mainly tailored to provide assistance and support to
women victims of trafficking thus they may not be able to respond to the specific needs of child
victims of trafficking. Children can also be placed in shelters run by non-governmental
organisations, however the majority of them aim to assist vulnerable children in general and
not child victims of trafficking specifically. Furthermore, there is not enough shelters to

25

25
Population Council, Trafficking of Minor Girls for Commercial Sexual Exploitation in India: A Synthesis of
Available Evidence (2014).

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APPROACHES ADOPTED BY NON-GOVERNMENTAL ORGANIZATIONS AND

NON-GOVERNMENTAL ORGANIZATION NETWORKS TO ADDRESS THE
PROBLEM OF TRAFFICKING IN WOMEN AND CHILDREN IN INDIA

Different non-governmental organizations in India have established programs and projects in

order to provide education and vocational training to the risk groups of populations in the
country. The programs are mostly aimed at preventing children from being deceived and
trafficked and also for decreasing the problems related to illegal migration. Although welfare
non-governmental organizations within limited
funds and space.26 Despite their limited resources, funding, training, and access to information,
most non-governmental organizations have taken the lead in combating trafficking. There are
a number of non-governmental organizations which have played credible roles in the field of
trafficking to serve and save individuals.

PLAN India is a child-centred development organization that aims to promote child rights and
improve the quality of life of vulnerable children. Plan works in 13 States in India and has
directly impacted lives of over a million children and their families since 1979. The
protection
and child participation, children in difficult circumstances, education, HIV/AIDS awareness,
health, early childhood care and development etc.

Shakti Vahini in Delhi ensures that the trafficking cases are investigated properly and
exploitation happening from source, transit and destination are linked. Since 2010, Shakti
Vahini has intervened in 1270 cases and rescued 1300 victims. It has also been part of 462
court proceedings and trial and has achieved conviction in 26 cases till date. Shakti Vahini has
been involved in various Public Interest Litigations on issues connecting to human trafficking
and victim protection.

ARZ in Goa has been working against abuse and exploitation amongst the victims of
commercial sexual exploitation. The organization has been collaborating with the government,
philanthropists, corporate houses and other non-governmental organizations to combat human
trafficking related to commercial sexual exploitation.

26
Apeksha Kumari, Role of Non-Government Organizations in Confronting Trafficking In India, 14 American
International Journal of Research in Humanities, Arts and Social Sciences 198- 200 (2014).

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Apne Aap in Delhi was founded in 2002 and since its formation it has been continuously
framing a broad and proper definition and criminalizing of trafficking in the Indian Law, based

zed women and girls to gain independence from

prostitution by organizing and supporting small self-empowerment groups, called Mandals.

Bachpan Bachao Andolan is a pioneering child rights movement working to end child
trafficking, campaigning for the rights of children. Bachpan Bachao Andolan had organised
several raids across India rescuing 1,152 bonded child labourers. 27

GROUND REALITIES

It has been observed that the inherent complexity of the issue of trafficking coupled with lack
of data on the one hand and a heightened commitment to urgently rectify the problem on the
other hand, has resulted in overenthusiastic responses in many instances. The very assumption
that tightening the screws will lessen the crime has led to such overenthusiastic responses.
However, contrary to their goal, several of these responses have not achieved the aim of
promoting the human rights of those trafficked. The lack of rigorous indicators for evaluating
the impact of anti-trafficking interventions at various levels further weakens the interventions
ambit of anti-trafficking initiatives. The lack of reliable data and the gap in devising a rigorous
research methodology for procuring good data on trafficking continues to pose a major
challenge.28

In the areas of policy and legislation, rescue and repatriation and interception of seemingly
potential victims of child trafficking at the border points during the process of transportation
and migration, it is worth noticing that a tightening of the screws strategy has strengthened the
overenthusiastic and dominant responses to trafficking. There has been implementation of a
number of increasingly stringent laws with draconian measures and harsh punishments. At the
same time, aggressive and intrusive rescue operations with little regard to the personhood,
wishes or rights of the trafficked person have been conducted. In many cases during trials,
judicial procedures which are not rights based have been employed with little attention to
witness protection in many cases. Evidence reveals that in some instances prevention initiatives

27
Ibid.
28
Kamala Kempadoo, Jyoti Sanghera, & Bandana Pattanaik, Trafficking and Prostitution Reconsidered: New
Perspectives on Migration, Sex Work and Human Right (2015).

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reinforcing thereby the patriarchal practice of keeping them trapped within the four walls of
the home as a measure of protection. Rehabilitation has sometimes meant nothing than a change
29

The following table is an illustration of the failure of intervention agencies at different levels
resulting into unabated increase in child trafficking.

Examples of Failure Institution Involved

Inability to identify children who are State social services protection agencies
vulnerable to being trafficked
Inadequate laws (on trafficking, forced labour, Government, national legislature (Parliament)
prostitution in general or child prostitution in
particular)
Inadequate enforcement of the law, sometimes Law enforcement officials, including police,
arising from a lack of understanding of the law immigration service and labour inspectors.
(or of recently revised definitions of
trafficking in persons
Inadequate coordination between separate Agencies involved in child protection and anti-
agencies within one country. trafficking activities in the same country.

Inadequate coordination between agencies Agencies involved in anti-trafficking activities

based in different countries which are and child protection, consular officials and
concerned with different ends of the same Ministry of Foreign Affairs.
trafficking chain.

CONCLUSION

The lack of a holistic understanding and awareness of the problem remains the greatest
challenge to any intervention on child trafficking. Because of this lack of understanding there
are no reliable estimates of the magnitude or a comprehensive legal framework. Most of the
existing literature or national level field-based research has been disproportionately focussed
on trafficking for prostitution. Even the micro research studies undertaken by non-
governmental organizations and International non-governmental organizations in India once

29
Ibid.

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again focussed primarily on trafficking for prostitution. There is no dearth of legislation and
policies for preventing child trafficking in India and only a small number of these anti-child
trafficking interventions have been evaluated and an even fewer number have been evaluated
rigorously.

At all the levels coordination, cooperation, and support from government agencies is essential
for effectively preventing and rescuing trafficked children. Conducting research on the issue
of child trafficking one can discover more efficient intervention programs and policy
development with significant information and understanding regarding trafficking in women
and children. A thorough research on a number of aspects connected with trafficking of
children such as the detailed information regarding the number of children trafficked, factors
contributing towards the trafficking, trafficking networks and impacts on individual victims
have to be undertaken for the trafficking intervention strategies to work effectively. Continuous
research and well informed intervention programs and implementations are therefore craved
for.

An effective monitoring and interception system at the community level created by the
community itself can prove to be a successful child trafficking intervention. Panchayats must
start taking up child protection and trafficking of girls related issues in their functioning.
Integration of trafficking related issues in the functioning of panchayats will lead to greater
awareness and efforts to prevent trafficking. In every Gram Sabha meeting there should be a
discussion on the issue of protection of each and every child in the community. Panchayat
should also discuss the issue of missing children in the meetings and the Panchayat
representatives must share these issues with block level officials, collecting data on missing
children, number of people migrating out of the village and number of girls getting married at
an age of less than 18 years of age.

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