HUMAN TRAFFICKING IN INDIA

SUBMITTED TO: MR. MANOL KUMAR

FACULTY OF CRIMINAL LAW(HONS.)

SUBMITTED BY: - NAINCY TOPPO

SEMESTER – X
ROLL NO. 75
BATCH – XII
B.A. LL.B. (HONS.)
DATE OF SUBMISSION – 06 APRIL 2017

HIDAYATULLAH NATIONAL LAW UNIVERSUTY

RAIPUR (C.G.)

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 ACKNOWLEDGEMENTS

I, NAINCY TOPPO, feel myself highly elated, as it gives me tremendous pleasure to

come out with the work on the topic human trafficking in India First and foremost, I take this
opportunity to thank MR. MANOL KUMAR, Faculty, Professional Ethics, Hidayatullah National
Law University, Raipur for allotting me such topic to work on. He has been very kind in
providing inputs for this work, by way of his lectures and suggestions.

I would also like to thank my dear colleagues and friends in the University, who have
helped me with ideas about this work. Last, but not the least I thank the University
Administration for equipping the University with such good library and IT facilities, without
which, no doubt this work would not have taken this shape in correct time.

Above all, I thank Almighty God for giving me this life as a gift. I also thank Him for
giving me a life changing chance.

NAINCY TOPPO
B.A. LL.B. (HONS.),
HNLU, NEW RAIPUR.

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 TABLE OF CONTENTS

Acknowledgements...................................................................................................................02

Table of Contents.....................................................................................................................03

Objectives.................................................................................................................................04

Research Methodology.............................................................................................................04

1. Introduction....................................................................................................05-06
2. Legal Education in India.................................................................................07
3. Legal Education and Powers of BCI...............................................................08
4. Ambiguities in the Regulatory Framework: BCI vs UGC vs Universities....09-10
5. The BCI’S Competence Under Challenge.......................................................10-11
6. Reforming Legal Education..............................................................................12-14
7. Recommendations..............................................................................................15
8. Conclusion...........................................................................................................16

Bibliography………………………………………………………….....................………..17

Webliography………………………………………………………….....................………17

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 OBJECTIVES

1) To study about legal PROVISIONS for trafficking in India.

2) To study about powers of court.
3) To come out with a conclusion.

RESEARCH METHODOLOGY

The method adopted for this work was analytical in nature based on empirical and
non-empirical sources.

Legal provisions (international, regional and national), case laws, books, reports and
other reference as guided by Faculty have been primarily helpful in giving this work a firm
structure. Websites, dictionaries and articles have also been referred.

Footnotes have been provided wherever needed, either to acknowledge the source or
to point to a particular provision of law. Uniform Bluebook (19th ed.) citation format has
been followed for footnoting.

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INTRODUCTION

Slavery has been illegal in most nations for over a century. Despite the existence of legal
prohibitions, advocates and legal officials have raised concern since the 1990s about a
modern form of slavery known as “human trafficking.” The modern-day slave has been
defined broadly by Kevin Bales as a person who is made to work through force, fraud, or
threats of violence, without pay beyond subsistence., a severe form of trafficking in persons
is one in which “a commercial sex act is induced by force, fraud, or coercion, or in which the
person induced to perform such act has not attained 18 years of age; or the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery” (Section 103, 8a and b). While the term “trafficking”
implies the movement of people or goods, the US law does not require transportation of
victims; instead, it extends prohibitions against slavery and involuntary servitude through
force, fraud, or coercion. In November 2000 the United Nations adopted the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which
defines human trafficking as “the recruitment, transportation, transfer, harboring or receipt of
persons, by means of the threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person, for the purpose of exploitation.” Disagreement about the definition of human
trafficking, particularly distinctions between trafficking for commercial sex and labor
trafficking, are common in the human trafficking scholarship. There is also much
disagreement about the nature and extent of human trafficking. Governments and groups
lobbying for policies and resources to fight trafficking have estimated thousands and
potentially millions of victims, but scholarship on the measurement of human trafficking
raises concern about the validity of existing estimates. Scholars also disagree about the
degree to which human trafficking is connected to known organized criminal networks.

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6
Human Trafficking is an umbrella term that is, problematically, often reduced
to mean prostitution, when it involces sex trafficking. Article 3, paragraph
(a) of the Protocol to Prevent, Suppress and Punish Trafficking in
Persons defines Trafficking in Persons as the recruitment, transportation,
transfer, harbouring or receipt of persons, by means of the threat or use of force
or other forms of coercion, of abduction, of fraud, of deception, of the abuse of
power or of a position of vulnerability or of the 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,
the exploitation of the prostitution of others or other forms of sexual
exploitation, forced labour or services, slavery or practices similar to slavery,
servitude or the removal of organs.

Human trafficking outside India,

although illegal under Indian law, remains a significant problem. People are
frequently illegally trafficked through India for the purposes of commercial
sexual exploitation and forced/bonded labour. Although no reliable study of
forced and bonded labour has been completed, NGOs estimate this problem
affects 20 to 65 million Indians. Men, women and children are trafficked in
India for diverse reasons. Women and girls are trafficked within the country for
the purposes of commercial sexual exploitation and forced marriage, especially
in those areas where the sex ratio is highly skewed in favour of men. Men and
boys are trafficked for the purposes of labour and may be sexually exploited by
traffickers to serve as gigolos, massage experts, escorts, etc. A significant
portion of children are subjected to forced labour as factory workers, domestic
servants, beggars, and agriculture workers, and have been used as armed
combatants by some terrorist and insurgent groups.

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India is also a destination for women and girls from Nepal and Bangladesh
trafficked for the purpose of commercial sexual exploitation. Nepali
children are also trafficked to India for forced labour in circus shows Indian
women are trafficked to the Middle East for commercial sexual exploitation.
Indian migrants who migrate willingly every year to the Middle East
and Europe for work as domestic servants and low-skilled labourers may also
end up part of the human trafficking industry. In such cases, workers may have
been 'recruited' by way of fraudulent recruitment practices that lead them
directly into situations of forced labour, including debt bondage; in other cases,
high debts incurred to pay recruitment fees leave them vulnerable to
exploitation by unscrupulous employers in the destination countries, where
some are subjected to conditions of involuntary servitude, including non-
payment of wages, restrictions on movement, unlawful withholding of passports,
and physical or sexual abuse.

Human trafficking in India results in women suffering from both mental and
physical issues. Mental issues includes disorders such as PTSD, depression and
anxiety. The lack of control women have in trafficking increases their risk of
suffering from mental disorders. Women who are forced into trafficking are at a
higher risk for HIV, TB, and other STDs. Condoms are rarely used and
therefore there is a higher risk for victims to suffer from an STD. Filmmaker
Manish Harishankar highlights the issue of child trafficking in India in his
thrillier film Chaarfutiya Chhokare, showing the problem, nexus, modus
operandi and repercussions. The thriller film Thira, directed by Vineet
Srinivasan, also addresses human trafficking in India.

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Profile and demographics of trafficker
Traffickers of young girls into prostitution in India are often women who have
been trafficked themselves. As adults they use personal relationships and trust
in their villages of origin to recruit additional girls.

Prosecution
The Government of India penalises trafficking for commercial sexual
exploitation through the Immoral Trafficking Prevention Act (ITPA), with
prescribed penalty of seven years' to life imprisonment. India also prohibits
bonded and forced labour through the Bonded Labour Abolition Act, the Child
Labour Act, and the Juvenile Justice Act.

Indian authorities also use Sections 366(A) and 372 of the Indian Penal Code,
prohibiting kidnapping and selling minors into prostitution respectively, to
arrest traffickers. Penalties under these provisions are a maximum of ten years'
imprisonment and a fine.

Bonded labour and the movement of sex trafficking victims may occasionally
be facilitated by corrupt officials ]They protect brothels that exploit victims and
protect traffickers and brothel keepers from arrest and other threats of
enforcement.

Usually, there are no efforts made to tackle the problem of government

officials' complicity in trafficking workers for overseas employment.The bulk
of bonded labour heads for Middle East to emerging economies and there are
several media reports which report on the illegal and inhumane trafficking of
Indian workers.

India's Central Bureau of Investigation incorporated anti-trafficking training, by

Dr. Gilly McKenzie of the Interpol Trafficking and Organised Crime Division,
into its standard curriculum. In November, the State of Maharashtra developed

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an action plan to combat trafficking;it did not, however, allocate appropriate
funding to accomplish the objectives of this plan.

The government does not break down these statistics by sections of the law,
meaning that law enforcement data regarding trafficking offenses may be
conflated with data regarding arrests of women in prostitution pursuant to
Section 8 of the ITPA.

Protection
India's efforts to protect victims of trafficking vary from state to state, but
remain inadequate in many places. Victims of bonded labour are entitled
to ₹ 10,000 (US $185) from the central government for rehabilitation, but this
programme is unevenly executed across the country. Government authorities do
not proactively identify and rescue bonded labourers, so few victims receive this
assistance. Although children trafficked for forced labour may be housed in
government shelters and are entitled to₹ 20,000 ($370), the quality of many of
these homes remains poor and the disbursement of rehabilitation funds is
sporadic.

Some states provide services to victims of bonded labour, but non-governmental

organisations provide the majority of protection services to these victims.The
central government does not provide protection services to Indian victims
trafficked abroad for forced labour or commercial sexual exploitation. Indian
diplomatic missions in destination countries may offer temporary shelter to
nationals who have been trafficked;once repatriated, however, neither the
central government nor most state governments offer any medical,
psychological, legal, or reintegration assistance for these victims.

Section 8 of the ITPA permits the arrest of women in prostitution. Although

statistics on arrests under Section 8 are not kept, the government and some

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NGOs report that, through sensitisation and training, police officers no longer
use this provision of the law; it is unclear whether arrests of women in
prostitution under Section 8 have actually decreased. Because most law
enforcement authorities lack formal procedures to identify trafficking victims
among women arrested for prostitution; some victims may be arrested and
punished for acts committed as a result of being trafficked.

Some foreign victims trafficked to India are not subject to removal. Those who
are subject to removal are not offered legal alternatives to removal to countries
in which they may face hardship or retribution. NGOs report that some Bengali
victims of commercial sexual exploitation are pushed back across the border
without protection services. The government also does not repatriate Nepali
victims; NGOs primarily perform this function. Many victims decline to testify
against their traffickers due to the length of proceedings and fear of retribution
by traffickers.

The Ministry of Labour and Employment displays full-page advertisements

against child labour in national newspapers at periodic intervals. The
government has also instituted pre-departure information sessions for domestic
workers migrating abroad on the risks of exploitation. These measures include
distinguishing between 'Emigration Check Required' (ECR) and 'Emigration
Check Not Required' (ECNR) passports. ECR passport holders must prove to
government authorities that they shall not be exploited when travelling abroad,
if they wish to travel. Many Indian workers pay large sums of money to agents
who facilitate their emigration outside the official channels and willingly
emigrate despite the risks, drawn by the hope of higher salaries abroad.
Therefore, a dream of better future often lures the people abroad and hence
trafficking cannot entirely be prevented. India ratified the 2000 UN TIP
Protocol 2011.

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The Government of India launched an anti human trafficking web portal in
February 2014 that they hope will be an effective way for interested parties to
share information about this topic.

Human trafficking is a group of crimes involving trafficking in person of men,

women and children for sexual exploitation or for financial gains or exploitation
of trafficked persons. Victims are lured or abducted from their homes and
subsequently forced to work against their wish through various means in
various establishments, indulge in prostitution or subjected to various types of
indignities and even killed or incapacitated for the purposes of begging and
trade in human organs.

This Bureau is collecting data under the following heads of crime which are
related to human trafficking

. i) Importation of girls from foreign country (Sec. 366B IPC)

ii) Procuration of minor girls (section 366-A IPC)

iii) Buying of minors for prostitution (section 373 IPC) (in previous editions,
data was collected under buying of girls for prostitution) iv) Selling of minors
for prostitution (Section 372 IPC) (in previous editions, data was collected
under buying of girls for prostitution) v) Immoral Traffic (Prevention) Act 1956

vi) Human trafficking (section 370 & 370A IPC), after enactment of the
Criminal Law (Amendment) Act 2013, the Bureau has also started collecting
data under these sections. Incidents of crime (Incidence: 5,466) A total of 5,466
incidents of crimes under specified crime heads (as mentioned above) relating
to human trafficking were reported in the country during the year 2014 as
compared to 3,940 during the year 2013.

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Immoral Traffic (Prevention) Act, 1956

(Incidence: 2,617 Rate: 0.2) Cases under this Act have registered an increase of
1.5% during the year 2014 as compared to the previous year (2,579 cases). 509
cases were reported in Tamil Nadu followed by Karnataka (392). Under the
Immoral Traffic (P) Act, maximum cases were registered under section 5 of
IT(P) Act (766 cases) followed by section 7 of IT(P) Act (129 cases), section 8
of IT(P) Act (113 cases) and section 6 of IT(P) Act (90 cases). Out of 113 cases
reported under section 8 of the IT(P) Act (relating to seducing or soliciting for
the purposes of prostitution), maximum cases were reported in Kerala (55 cases)
followed by Karnataka (21 cases) and Tamil Nadu (19 cases), these three States
together accounted for 81.4% of total such cases. Out of 766 cases reported
under section 5 of the IT(P)Act (relating to procuring or inducing or taking
persons for purpose of prostitution), maximum cases were reported in Tamil
Nadu (110 cases) followed by Telangana (105 cases), Karnataka (104 cases)
and Maharashtra (100 cases), these four States together accounted for 54.7%
total such cases. There were 3,351 victims (consisting of 595 males and 2,756
females) for 2,617 cases reported under the Immoral Traffic (Prevention) Act.
Procuration of minor girls (Incidence: 2,020 Rate : 0.2) Cases under this head
have increased by 65.0% during the year 2014 as compared to the previous year
(1,224 cases). 852 cases with equal number of victims were reported in West
Bengal followed by Assam (303 cases & 303 victims). There were 2,025
victims for 2,020 cases. Maximum cases of procuration of minor girls were
reported in West Bengal (852 cases) followed by Assam (303 cases), Bihar (280
cases) and Haryana (277 cases) during 2014 [Table-6A.2]. Buying of minors for
prostitution (Incidence: 14 Rate : Negligible) Cases under this head have
increased by 133.3% during the year 2014 as compared to the previous year (6
cases). In 2014, data collected under buying of minor for prostitution whereas in
previous edition it was collected under buying of girls for prostitution. A total of

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7 cases in Maharashtra followed by 4 cases in Jharkhand were reported under
this crime head. Selling of minors for prostitution (Incidence: 82 Rate :
Negligible) A total of 82 cases of selling of minors for prostitution were
reported in the country during 2014 as against 100 such cases in 2013, thus
indicating a decrease of 18.0% over 2013. West Bengal has reported 67 such
cases accounting for 81.7% during 2014

Crime in India-2014 105 Crime in India-2014 106 Human

Trafficking (Sec. 370 & 370 A IPC)

(Incidence: 720 Rate : 0.1) Data on Human Trafficking under section 370 &
370A of IPC has been collected for the first time in 2014. A total of 720 cases
of human trafficking under section 370&370A of IPC were reported in the
country during 2014. Jharkhand has reported 150 such cases followed by
Maharashtra with 108, Assam (68 cases), West Bengal (55 cases) and Madhya
Pradesh (50 cases). However, maximum victims (2,605 persons) against 1,106
such cases were recovered/reported in Kerala during 2014.

Disposal of Crimes by Police Out of 8,521 cases for investigation, 4,937 cases
were disposed of by police (investigation completed). Charge-sheets were
submitted in 4,489 cases resulting in 94.6 charge-sheet rate under crimes related
to human trafficking during 2014. 100% detection by police (i.e. charge-sheet
rate) was made in section 6 & 8 of Immoral Traffic (P) Act during 2014. A total
of 3,584 cases remained pending for investigation at the end of the year 2014
[Table-6A.3]. Disposal of Crimes by Courts Out of 17,599 cases relating to
human trafficking under trial, trials have been completed in 2,284 cases during
2014. A total of 1,029 cases under human trafficking ended in conviction,
showing a conviction rate of 45.1. Maximum conviction rates were observed in
cases under the Immoral Traffic (P) Act (49.8) whereas lowest conviction rate
was reported under procuration of minors for prostitution (12.6) during 2014. A

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total of 15,246 such cases remained pending for trial at the end of the year,
showing pendency rate of 86.6 A total of 1,255 cases accused persons were
either acquitted or discharged by various courts during 2014. All crime heads
under human trafficking have shown high acquittals during 2014 [Table-6A.4].

Advocates began working to outlaw chattel slavery in the 18th century, and it
took almost 300 years to legally abolish it in every country. Though it's finally
illegal, advocates still work to fully prevent it, hold enslavers accountable and
empower survivors with tools for true freedom.

Elected officials keep track of the issues that matter to their constituents. Call
their offices, and let them know you'd like to see their support on anti-
trafficking bills. Find your Congressman here, and then find your Senators here.

Ways to advocate for anti-trafficking policies:

1. Advocate for Anti-Trafficking Policies in Your State

In the U.S., states control their own legislation, enforcement and related
appropriations for anti-trafficking policies. Urge your local representatives to
pass and support bills that help end enslavement in the United States. Check
out Polaris and Shared Hope International to see which policies currently need
support in your state, and add your voice!
2. Support Policies That Do Not Treat Victims as Criminals

Instead, governments should provide survivors with comprehensive services

and access to justice. Safe harbor laws prevent victims from being prosecuted
and provides them with specialized services.
3. Advocate for Supply Chain Transparency

Corporations and government supply chains should be free from human

trafficking and slavery, but many of our products are touched by slave laborers

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throughout the world. Encourage businesses to conduct operations with greater
transparency. Send them a letter.
4. Ask Your Representatives to Fully Fund Anti-Trafficking Work

Ask your representatives to back up their commitment to end slavery with

budgets that fully fund critical programs and policies. For additional
information on suggested policies, see the Alliance to End Slavery and
Trafficking (ATEST).

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Why Human Trafficking increasing in India?
Fundamental theory of demand and supply is applicable to this situation as well.
Men for work generally migrate to major commercial cities and from here the
demand for commercial sex is created. To fulfill the supply all sorts of efforts
are made by the suppliers like abduction etc. Young girls and women belonging
to poor families are at higher risk.
Then comes the economic injustice and poverty. If you are born to a poor
family in Northeastern state of India then you are at a higher risk of being sold.
If you are born to a poor family and a girl then these chances further increases.
Sometimes parents are also desperate to sell their daughters to earn money.
Social inequality, regional gender preference, imbalance and corruption are the
other leading causes of human trafficking in India.
Parents in tribal areas think that sending their kids means a better life in terms
of education and safety. Parents also pay about Rs 6000-7000 to these agents for
food and shelter.
Forced marriage
Girls and women are not only trafficked for prostitution but also bought and
sold like commodity in many regions of India where female ratio is less as
compared to male due to female infanticide. These are then forced to marry.
Bonded labour
Though debt labour is not known much but it is illegal in India and prevalent in
our society. According to the International Labour Organization there are more
than 11.7 million people working as a forced labour in the Asia-Pacific region.
People running out of cash generally sell their kids as debt labour in exchange
for cash. Both boys and girls are sold for this purpose and generally not paid for
years.
Victims of human trafficking have great chances of suffering from issues like
mental disorders, depression and anxiety. Women forced into sexual trafficking
have at higher risk of getting affected from HIV and other STDs.

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Action against guilty
Under the Immoral Trafficking Prevention Act (ITPA) trafficking for
commercial sexual exploitation is penalized. The punishment ranges from seven
years’ to life imprisonment. The Bonded Labor Abolition Act, the Child Labor
Act, and the Juvenile Justice Act prohibit the bonded and forced labor in India.
Because of the brutal gang rape of December 2012, government has passed a
bill in which laws related to sexual violence and making sex trafficking have
been amended. But still there is a huge gap between enactment and enforcement
of these laws. Because of widespread corruption and bride, it is easy for agents
for bring these young boys and girls for their profit. But there should be strict
disciplinary action against everybody involved in such a crime then only this
problem can be addressed.
Also better education and other facilities should be provided at native places so
that parents do not opt these ways for their kids. Above all attitude towards
women and young girls must change.

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