The National Crime and Records Bureau (NCRB) released its 2019 Crime in India Report during the reporting period. In 2019, the government reported 2,088 incidents of human trafficking under the IPC. A comparative to 1,830 cases in 2018 and 2,854 cases in 2017.
Article 23 (1) of the Indian Constitution prohibits human trafficking and forced labor . The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the principal legislation for preventing trafficking for commercial sexual exploitation. While the Punjab Prevention of Human Smuggling Act, 2012 monitors the human smuggling in the state of Punjab.
What is Human Trafficking: –
Human Trafficking includes fraud, use of any physical force as well as coercion. It’s basically trading of humans for unlawful purposes. Apart from this, human trafficking is considered a crime. In brief, it is the illegal trade in people, particularly women and children.
Human Trafficking is the third largest criminal enterprise. While drug trafficking and arms trafficking are fastest growing activity of transnational criminal organizations.
According to the international conventions, Human trafficking is a violation of human rights.
Human trafficking is most widespread in which parts of India?
According to the research, West Bengal, Rajasthan, and Gujarat have the largest number of human trafficking episodes based on the number of instances reported. Further, based on crime statistics, West Bengal, Daman and Diu, and Goa have the highest amount of human trafficking cases.
The ten states with the greatest incidence of human trafficking are as follows:
- California is a state in the United States (3.80 per 100k)
- Delaware is a state in the United States (3.84 per 100k)
- Florida is a state in the United States (4.08 per 100k)
- Georgia is a country in the United States (3.85 per 100k)
- Michigan is a state in the United States (3.64 per 100k)
- Missouri is a state in the United States (3.78 per 100k)
- Ohio is a state in the United States (3.84 per 100k)
- Texas is a state in the United States (3.63 per 100k)
Transporting of Women and girls take place inside the country for commercial sexual exploitation and forced marriage. Specifically in locations where the gender ratio heavily skews towards men.
Women and girls from neighboring countries are frequently led to India for sexual exploitation. Even the trafficking of Indian women to the Middle east happens for the same reason.
Some Indians willingly migrate to the Middle East and Europe for employment as domestic servants or low-skilled laborers. And sadly, these may fall victims to human trafficking, forced labor or debt bondage.
Which Country is the Most Dangerous for Women in the World?
The Thomson Reuters Foundation, surveyed 548 experts on six different indices. It Included healthcare, discrimination, cultural traditions, sexual and non-sexual violence, and human trafficking. The survey concluded India as “the world’s most dangerous country for women” last year. Beating out Afghanistan, Syria, and Saudi Arabia.
Subsequently, Indians extensively panned the survey . Many questioned how nations with significantly fewer rights for women such as Afghanistan and Saudi Arabia, performed so well. The country’s National Commission for Women flatly disputed it. Claimed that rape, harassment, and other types of violence against women appear to have increased as a result of increased public outcry.
A survey conducted by the United Nations Office on Organized Crime, cites that Human trafficking is a serious issue in India. According to it, India has been the “Top Destination for Human Trafficking” in South Asia for years. Moreover, the victims from Nepal and Bangladesh are frequently led to India.
India’s trafficking victims are frequently trafficked to countries in the Middle East and Europe. The National Crime Records Bureau (NCRB) gave a data in the year 2000. Accordingly, West Bengal, Maharashtra, Telangana, Rajasthan, Uttar Pradesh, Gujarat, and Karnataka prevailed as the top states in child trafficking. While West Bengal leads the way in terms of the number of instances recorded.
Human trafficking is a heinous violation of people’s basic human rights. It affects both men and women. In fact, the Indian government has designated boys as the victims who are most affected. They are frequently employed as bonded laborers and slaves. But that does not imply that they aren’t sexually exploited in the same way that women are.
Consequently, the victims of human trafficking develop mental disorders. That includes, Post Traumatic Stress Disorder (PTSD), clinical depression, anxiety etc. And also physical ailments such as HIV, AIDS, STDs, and tuberculosis as a result of sexual assault.
Human trafficking can take the following forms:
- Bonded or forced labour (factories, servants, agriculture)
- Child marriages and Child pornography
- Debt bondage
- Different forms of sexual abuse and exploitation of women
- Domestic servitude
- Drug peddling
- Forced Criminal activities e.g. pickpocketing
- Forceful marriage or adoption
- Forceful smuggling and recruitment
- Gigolos, male escorts
- Organ harvesting and Organ transplantation
- Part of terrorist or insurgent groups
- Physical abuse
- Sex tourism
Anti-human-trafficking provisions: –
The Indian Constitution
Article 23– Prohibits begging, forms of forced labor and human trafficking in any form. It considers these crimes criminal.
Article 24– Prohibits the employment of children under the age of fourteen in any factory, mine, or other dangerous labour. But does not ban the employment of children under the age of fourteen in any non-hazardous work.
Immoral Trafficking Prevention Act (ITPA), 1986
The Suppression of Immoral Traffic in Women and Girls Act of 1956 (SITA) was first passed. But it was later changed in 1986, resulting in the ITPA, 1986. PITA Act, 1986 is another name for ITPA Act.
The PITA Act addresses commercial sexual exploitation (CSE). It entails any person profiting from the sexual exploitation of women and children. This act however, addresses only provisions of trafficking in regard to prostitution. The sentence can range from seven years to life in jail.
Child Labor (Prohibition and Regulation) Act, 1986
The act forbids the employment of children under the age of a specific age in specified occupations. It also opposes the employment of minor children and renders it a criminal offence.
The Indian Penal Code (IPC)
Section 366A defines the procuration of a minor girl . Inducing a female under eighteen to go somewhere or do something with the goal of seducing her into illegal relations with another person is penalizable. Penalty may include imprisonment for up to ten years and a monetary fine.
Section 366B– Anyone who brings a girl under the age of twenty-one into India from outside the country with the goal of compelling or luring her into unlawful conduct, with another person is subject to a maximum sentence of 10 years in prison and a fine.
Section 370– After the horrific Delhi gang rape case in 2013, the section was changed. The revised amendment also included Section 370A. It deals with the purchase or sale of somebody as a slave. The Criminal Amendment Act of 2013 contains explicit rules on the penalties for human trafficking.
Information Technology Act (IT Act), 2000
Section 67A– Punishes the publication or transmission of content in electronic form that contains sexually explicit acts, among other things.
Section 68B– Prohibits the electronic publication or transmission of material depicting children in sexually explicit acts. Meanwhile, Human trafficking has also been the subject of particular legislation implemented by state governments.
Some of these are as follows: –
Punjab’s Human Smuggling Prevention Act of 2012
The Children’s Act of Goa, 2003.
Devadasi (Prohibiting Dedication Act, 1989) in Andhra Pradesh
The Devadasi (Prohibition of Dedication) Act of 1982, Karnataka.
In conclusion, Human trafficking is a major issue. Human trafficking is estimated to afflict between 20 and 65 million people in India. A large number of youngsters were compelled to work as factory laborers, household servants, beggars, as well as farm laborers. While rebel or terrorist groups use some as child soldiers.
Hence, its a humble request to everyone to take care of yourselves and of your family. Be aware and be safe. A bit of awareness can save lives of thousand people.