Table of Contents
STATEMENT OF THE PROBLEM ............................................................................................3
OBJECT OF THE STUDY ..........................................................................................................4
RESEARCH METHODOLOGY ..................................................................................................7
TENTATIVE CHAPTERIZATION .............................................................................................10
Chapter 1 : INTRODUCTION ..................................................................................................10
Chapter 2: GENERAL PROVISIONS IN CRIMINAL LAW WITH RESPECT TO HUMAN
Chapter 3 : HUMAN TRAFFICKING AND LABOUR LAW .....................................................13
Chapter 4 : MISCELLANEOUS OFFENCES ASSOCIATED WITH TRAFFICKING ...............14
Chapter 5 : INTERNATIONAL LAW STANDARDS RELATING TO HUMAN TRAFFICKING 15
Chapter 6 :THE VICTIMS OF TRAFFICKING WITH SPECIAL REFERENCE TO HUMAN
Human trafficking has a history coterminous with that of society and has existed in
various forms in almost all civilizations and cultures. It is a trade that exploits the
vulnerability of human beings, especially women and children, in complete violation of
their human rights. It makes human beings objects of financial transactions through the
use of force, duress or deception, for various purposes, chief among them for
commercial sexual exploitation and for exploitative labour. It is well established that
trafficking in persons is a multi-dimensional form of exploitation. The exploitation may be
for many reasons - prostitution, other sexual exploitation, forced labour, begging, forced
marriages, adoption, transplantation of human organs, etc. It raises important questions
of human rights protection especially of vulnerable sections like women and children. It
is an organized crime extending beyond boundaries. There is a need world over to
strengthen mechanisms to combat trafficking. In this context a series of initiatives have
begun involving key groups like police, prosecution, judiciary, NGOs, etc. in order to
ensure that response to trafficking is made effective. Although there are a number of
studies dealing with trafficking, they generally focus on specific aspects like prostitution,
pornography, child trafficking, etc. It was thus imperative to have a comprehensive look
at all substantive legal provisions which had a bearing on human trafficking. This
document aims at looking afresh at the legal framework relating to trafficking. It
analyzes legislations relevant to trafficking and looks at important cases dealing with
specific points of law.
Since the main target group is the law enforcement and justice delivery systems,
including police, prosecutors and judiciary, analysis of legal provisions have been done
from this perspective. Additionally, vulnerable sections such as women and children and
the protection of their human rights have also been addressed. Gaps in terms of
definitions and interpretations have also been discussed where ever relevant.
This Synopsis makes an effort to:
1. Collate legal provisions relating to trafficking - domestic as well as cross border.
2. Analyze the existing framework on the substantive law on trafficking.
3. Look at ancillary legislations which may have a bearing on trafficking.
4. Study major court decisions which could help in using substantive provisions on
trafficking and related areas.
5. Understand trafficking as an organized crime and look at legal provisions in domestic
law which could help tackle this problem.
6. Look at the roles played by different stakeholders within the legal framework.
7. Identify international standards on trafficking and also on organized crime.
STATEMENT OF THE PROBLEM
The Victims of Trafficking with Special Reference to Human Rights.Press, police and
NGO reports on trafficking had given a clear and unequivocal indication that buying and
selling of women and children for sexual and non-sexual purposes was an expanding
activity and involved gross violation of human rights. What was even more worrisome
was the indication that India was fast becoming a source, transit point as well as a
destination area for traffickers. A substantial body of newspaper reporting as well as
reports of voluntary agencies suggested that apart from Nepal, Bangladesh and the
poverty-stricken districts within India, trafficking from the Commonwealth of Independent
States (CIS) countries was also on the increase. This was a significant pointer towards
the complex, organised nature of the crime.
The commonplace understanding of trafficking as akin to ‘prostitution’ was one of the
major reasons why the human rights violations inherent in trafficking were never
understood. This called for demystification of the term. The complexity of the
phenomenon, its multidimensional nature, its rapid spread and the confusion
surrounding the concept made the need for a deeper comprehension of trafficking a top
priority. The reasons for its persistence and rapid proliferation were not very clear. Thus,
there was an urgent need for a greater understanding of the various aspects of the
OBJECT OF THE STUDY
This paper seeks to provide an analytical framework for designing more effective laws
against human trafficking. Trafficking is a modern-day equivalent to slavery. It is a
phenomenon which is gaining momentum and is now the third largest form of organised
crime after trafficking in arms and drugs. Even though the crime of human trafficking for
any purpose is both under-recorded and under-reported, the 2004 Trafficking in
Persons (TIP) report estimated at least 600,000 to 800,000 women and children are
trafficked across international borders every year, the majority being trafficked into
commercial sexual exploitation.
Prevention of trafficking has to be a combined effort of both governmental and non-
governmental agencies. The Government must make certain that good quality
education, opportunities of employment and income generation programmes are put
into operation to provide good quality life to highly susceptible persons. It should carry
out routine programmes to educate and sensitize parents, teachers, and community
workers about trafficking. Government should include gender centered education
curricula in schools and introduce subjects of child sexual abuse and trafficking. Police
advocacy is an important intervention that has to be fine-tuned. Awareness is the
magnanimity and prevalence of the problem has to be done at the level of National
Planning Commission, politicians and bureaucrats too, Involves interventions at various
levels to combat the initiation of trafficking. Prevention
The available literature on trafficking mainly consists of reports of studies, conferences
and workshops conducted by international and domestic non-governmental
National and regional level studies are fewer in number compared to the literature
available at the state level. The recent importance accorded to trafficking on the
international agenda is responsible for the rise in the number of ongoing research
studies on trafficking in India.
The Indian Constitution prohibits all forms of trafficking under Article 23. The
Suppression of the Immoral Traffic Act, 1956 (amended to the Immoral Traffic
Prevention Act) was in response to the ratification of the International Convention on
Suppression of Immoral Traffic and Exploitation of Prostitution of Others in 1950 by
India. Trafficking has been an area of concern since the early 20th century.
Issues of conceptual clarity
The literature on trafficking devotes a considerable amount of space to defining the
phenomenon. The numerous definitions available reflect the lack of clarity and
consensus on what precisely constitutes trafficking. Over decades, the concept itself
has evolved; to include many more attributes and features than it began with.
In the literature surveyed there seems to be broad agreement over the factors that lead
to trafficking. However, there is uncertainty about precise role played by them. While
some reports view these factors to be the root causes of trafficking, others state that
‘they merely exacerbate the vulnerability of marginalised and disadvantaged groups and
render them increasingly more amenable to a variety of harm’.
Low levels of literacy, awareness and information are also risk factors. Economic
deprivation due to various reasons and its associative conditions are among the most
important factors that lead to vulnerability. Almost all the studies and reports under
review found that a high percentage of trafficked people belong to lower income groups.
Environments lacking livelihood options or economic opportunities, with the
accompanying pressures to work and earn, make peoples’ lives on ongoing ‘battle for
survival’. The structural factors influencing and determining these circumstances are
listed as industrialisation and globalisations; economic crises, decline, disruption or
underdevelopment; economic policies like privatisation, liberalisation, promotion of sex
tourism, withdrawal of subsidies and commercialisation of agriculture; the consequent
erosion of subsistence agricultural practices, loss of traditional livelihoods and inflation.
Labour demand and policies also influence vulnerability.
In a global market, women and girls are increasingly being hired as service a provider,
which puts them at risk (ibid.). Some of the political factors listed are conflicts, disruption
and instability; immigration policies, human rights violations, and the gaps between
government rhetoric and practice. Poor governance, limited law enforcement or
implementation of labour standards also creates vulnerabilities. Environmental
calamities and disruptions may also put people at risk.
This study on trafficking in women and children (henceforward trafficking) in India is
pioneering and exploratory. It attempts to explore an ostracised, murky, underground
world. The methodology has, therefore, responded innovatively in devising and evolving
instruments and strategies of research.
It is not surprising that reliability and authenticity of existing data is a matter of concern.
The broad objectives of our study follow from this major concern. These are:
a. To understand the trends and patterns of trafficking, and the structural and functional
mechanism that reproduces and reinforces the processes that perpetuate the
b. To analyse the roles and functions of the formal and voluntary agencies that were
involved in containing and combating this phenomenon.
c. To prepare a comprehensive database.
d. Since the study was conceived in a human rights perspective and sponsored by
NHRC, the project also took upon itself an active advocacy role of orientation and
training directed towards relevant agencies. It also involved awareness generation
among the vulnerable sections and the target audience.
Framework of Study - Areas of Investigation
Trafficking is a complex, multidimensional phenomenon, with a variety of – often inter-
related – aspects covering large geographic spaces. It is not possible to address all the
areas simultaneously. Broadly, our study focuses on: the crime of trafficking and the
responses engaged in preventing and countering it. The study of the existing anti-
trafficking law the Immoral Traffic (Prevention) Act, 1956 (ITPA) was also a focal
area. Given this, the stages in the process of trafficking were comprehensively
examined. The events in a trafficking chain from the source areas to their destinations,
including the factors that caused re-trafficking, were carefully followed.
The role played by the demand factor in trafficking for different purposes, which had
received scant attention earlier, was also studied in detail. This was primarily examined
from the ‘client’ angle of the commercial sexual exploitation ‘sector’. The sources and
scale of profitability from this ‘sector’ were also examined to find out the motivations
behind the demand – the causal mechanism that reproduces the system.
The study took into account the perspective of all the trafficked persons, whether they
were being subjected to commercial sexual exploitation or other kinds of abuse. The
present study encompasses the major areas of trafficking. Trafficking in its
manifestations, can be broadly categorised as:
i. Trafficking for sex-based exploitation, i.e. for brothel based and non-brothel based
commercial sexual exploitation, pornography, paedophilia, sex tourism, mail-order bride
system, disguised sexual abuse in the garb of massage parlours, beauty parlours,
bartending, friendship clubs, etc. and
ii. Trafficking for non-sex-based exploitation, including a vast area of servitude, slavery
and exploitation, which were commonly seen in bonded or forced labour; domestic
servitude, industrial servitude, servitude in the entertainment industry (e.g. camel racing,
circuses, etc.) drug peddling, begging, adoption, trading in human organs, trafficking for
false marriages, and other similar exploitative practices. Prevention, protection and
prosecution were the three main areas covered in our second objective. This involved
critical examination of the existing legal framework for combating trafficking, including
constitutional provisions, national and international laws, conventions and protocols.
Special emphasis was laid on analysing the Immoral Traffic Prevention Act, 1956
(ITPA), with a view to search for the lacunae that could contribute to the ongoing
discussion and reformulation of the law. The next logical step was to move from
identification of lacunae in the law to the law enforcement process and the role of the
police and other enforcement agencies in protection and prosecution. Focus group
discussions were held to understand the role of judicial officers, prosecutors, doctors
and others concerned.
Once the research partners were selected, the first task at hand was to identify the
exact locations in the concerned states where field work was to be carried out and the
specific issues of the concerned state/UT/city, which needed to be focused on. This was
necessary because of the large population and diversity between the various states.
These research sessions helped to gain a comprehensive understanding of the
trafficking scenario in the country and also to imbibe the human rights perspective that
was called for in the proposed research. Moreover, methodology depends upon the
problem and the field situation. In this case, both were sensitive in nature.
Carrying out the research
Sources of data
Both primary and secondary source data were used. Primary data was obtained through
canvassing interview schedules, focus group discussions, case studies and non-
participant observation. Secondary sources were provided by formal and voluntary
The size of the sample varied from state to state. The sample, although stratified, did
not permit randomisation. This was in view of the criminal nature of trafficking. The
researchers were given freedom for purposive selection of the relevant units of their
sample. They adopted both purposive and convenience sampling.
Units of inquiry
Interview schedules were developed for each of the following seven categories of
respondents: (1) Survivors (rescued trafficked victims of CSE), (2) Trafficked non-
rescued victims of commercial sexual exploitation, (3) Traffickers, (4) Brothel owners,
(5) Clientele, (6) Rescued trafficked child labourer, and (7) Police officials. Different
schedules were necessitated by the vastly different roles played by these categories.
Stratification principle for the units of inquiry
Some principle of stratification was applied in the unique circumstances that defined the
field. Since the traffickers were the most elusive category, snowball sampling was the
primary method of selection. The selection of sample is diagrammatically represented
on the following page. In view of the sensitive nature of the data to be collected from the
respondents, the interviewers were given adequate orientation to facilitate their work.
Material was collected from published and unpublished sources. Interaction with NGOs
and law enforcement agencies in different states also provided a lot of valuable
information. Moreover, the research involved critical study of the legal provisions and
Data on missing persons
The literature review gave us enough indication about a strong linkage between missing
persons and trafficking. Since no central agency had all the required data, extra efforts
had to be made to get data from the individual states about the details of persons (sex
and age disaggregated), who are reported missing and those among them, who could
not be traced.
Analysis of Data
Once the data had been collected from the partners, codebooks were developed, based
on the responses in the interview schedules. Thereupon, the data in all the schedules,
which had been duly filled in, were coded. The coded data was processed using the
SPSS package. The task included feeding in the data, verification, computation,
validation and presentation of tables to facilitate data analysis and interpretation.
CHAPTER – 1: INTRODUCTION
Human trafficking is prohibited in India yet India is a source, destination, and transit
country for men, women, and children trafficked for the purposes of forced labor and
commercial sexual exploitation. Women and girls in India may be trafficked due to
cultural practices such as devdasi system though banned or due to poverty. There are
again many women willingly migrate to Middle East, Europe and The United States to
work as domestic labor and low skilled laborers, who are sometimes defrauded by
placement agencies and sometimes trafficked within India and abroad and kept in
conditions of servitude with characteristics such as withholding payment of wages
confiscation of travel documents, non profits to middlemen with bonded labor to pay off
the profits/charges etc. Bonded labor within is also a serious problem. Trafficking in
persons Report 2010 also points out that ninety percent of these trafficked belongs to
the most disadvantaged groups. It also carried evidence of NGO reports on duping of
girls from North East India, M.P., Bihar, U.P. and West Bengal with promises of jobs
and then forced them into prostitution as well as forced marriages. Brides are in high
demand in the states of Haryana and other states due to the low sex ratio causes by
sex selection abortions. Internal forced labor may constitute India’s largest trafficking
problem; men, women, and children are held in debt bondage and face forced labor
working in brick kilns, rice mills, agriculture, and embroidery factories. Children are
subjected to forced labor as factory workers, domestic servants, beggars, and
agriculture workers, and have been used as armed combatants by some terrorist and
insurgent groups and estimated annual turnover of Human trafficking in India is near
about Rs. 20 billion.
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 labor in circus shows. Indian women are trafficked to the Middle East for
commercial sexual exploitation. The numbers are very large, though precise figures are
lacking and need to be tackled urgently.
By its very nature, human trafficking is something that is not publicly identified, so how
can quantify how much corruption is taking place? I am not sure that there is a real
answer to that question. You cannot measure what you cannot see. We have no doubt
that human trafficking takes place wherever someone sees there is a need for cheap
labor, sex, and money; therefore it exists in every country in the world. Many
organizations around the world have taken on extensive research projects to attempt to
identify the scope of the problem, none have been completely successful. Most all of
the reports have been questioned as to reliability and accuracy, as should be expected
due to the reason above. With that being said, multiple reports point to India as a
“source, destination, and transit country.” The huge population and location seem to be
contributing factors to this statement. It is less liking that someone would be caught
trafficking among the population. The number of borders India shares with its neighbors
adds to the problem. China, Nepal, Bangladesh, and Pakistan all have been identified
as countries with a significant amount of human trafficking. It is also arguable that many
industries in India require manual labor, which is also a factor.
The Trafficking in Persons Report published by the United States’ Department of State
identifies India as a country having both labor trafficking and sex trafficking issues. The
number of persons trafficked is estimated to be in the millions. Again, these are very
vague statistics as no organization has actually been able to quantify the problem.
Looking for more data on the subject, I did find a second report published by the United
Nations Office on Drugs and Crime (UNODC) that ranks India as a country of high origin
for human trafficking. This same report also ranks India as a high destination country.
A high origin country means that people from India are trafficked to other countries,
while a destination country would refer to people from outside India being brought into
the country and harbored there. From these reports, it is safe to conclude that there is a
problem in South Asia, including the country of India.
India is on the “Tier 2 Watch List”, while the worst of countries are on the Tier 3 List. If
indeed India does of the world’s largest labor trafficking problem, then it should have
been included on the Tier 3 List along with the other 16 countries on that list.
Nonetheless, I do feel confident that India does have a significant problem to be placed
on the Tier 2 Watch List.
The Trafficking Victim Protection Act of 2000 is the U.S. law that was created to attempt
to combat human trafficking. It lays out the criteria for which “list” a country will be
placed on. A country on the Tier 2 Watch List, also known as the “Special Watch List,”
is a country where the number of victims of this crime is significant or is significantly
increasing, the government of the country has not produced concrete evidence to
demonstrate their combat towards the severe forms of trafficking over the prior year,
and the country is making significant efforts to comply with the minimum standards.
India has been on this list for four consecutive years, including 2007. The specific
reason given for this is that the Indian government has not recognized the country’s
huge bonded labor population. Non-governmental organizations (NGOs) estimate that
between 20 million to 65 million bonded laborers are held in India. Another reason is
that the government has not take action to prosecute or punish three government
officials that were found to be involved in trafficking-related corruption.
CHAPTER 2: GENERAL PROVISIONS IN CRIMINAL LAW WITH
RESPECT TO HUMAN TRAFFICKING
The general provisions dealt with in this chapter may form the foundation for
prosecution of cases of trafficking, whatever be the purpose of such trafficking. These
provisions need to be coupled with those specifically attracted based on the purpose of
trafficking and the surrounding circumstances of the case.
The General Provisions are primarily provisions of the Indian Penal Code (IPC).
However, it also includes provisions of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 which can be used if the victim belongs to the
Scheduled Castes or Tribes and the offender does not, as well as the provisions of the
Juvenile Justice Act, 2000 which are applicable if the victim (or even the offender) is a
Sr. No. Indian Penal Code, 1860 Section
B Wrongful Restraint & Wrongful Confinement
C Acts Done in Furtherance of Common Intention
E Criminal Conspiracy
F Criminal Force/ Assault
H Criminal Trespass
I Criminal Intimidation
K Unnatural Offences
M Causing Miscarriage
N Attempt to Commit Offences
The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 Punishment for Offences of Atrocities
The Juvenile Justice (Care & Protection of Children) Act, 2000
C Intoxicating, etc.
D Exploitation of Child Employee
E Alternate punishment
CHAPTER 3: HUMAN TRAFFICKING AND LABOUR LAW
Apart from commercial sexual exploitation, human trafficking is also carried out for
purposes of labour, i.e., for compulsory/ debt/ bonded/ forced or exploitative labour. It is
also common for men, women, and children to be trafficked through fraud - i.e., through
promises made by an agent for work in domestic labour or other ‘lucrative’ work. After
luring the victims to a place distant from home, the victims suddenly find themselves in
an exploitative situation where the work is often very different from what had been
described originally to them. Very often the work conditions are poor and the
remuneration far below prescribed laws.
This Chapter establishes the links between the crime of trafficking and the extant
specific labour legislations, which can be used by law enforcement officials in the
course of dealing with trafficking crimes. Here, it is important to note that labour for the
purposes of our discussion includes both labour and services.
Trafficking offences are punishable by sentencing those found guilty in accordance with
a range of criminal laws. These laws will be applicable regardless of the purpose for
which trafficking is undertaken. Thus, those who traffic men, women and children for
forced/ exploitative labour too will be made liable for trafficking under criminal laws.
However, several labour legislations may also be effectively utilized since they contain
several provisions with respect to protection to victims of trafficking by providing
standards of labour welfare. Thus, the remedy is two pronged - punish the traffickers
and protect the rights of victims. Special provisions in labour enactments, which have a
bearing on trafficking and with safety and welfare enactments, are dealt with in this
segment, relevant provisions of the legislations have been analyzed and decided case
laws have been mentioned where ever applicable.
The core provisions with regard to human trafficking in domestic legislation are
contained in Constitutional guarantees. The Constitution of India prohibits traffic in
human beings, begar and other forms of forced labour. Forced labour is a wide
expression, which would be attracted whenever a person is compelled to give his labour
or service, even though remuneration is paid for it. The same would be the result where
the labourer is obliged to work at wages less than the minimum wage.
CHAPTER 4: MISCELLANEOUS OFFENCES ASSOCIATED WITH
This Chapter deals with forms of trafficking other than trafficking for commercial sexual
exploitation and trafficking for forced labour which have been discussed in previous
chapters. For instance, trafficking for adoptions and for marriage invoke provisions of
personal law along with criminal law and other protective provisions such as in the
Juvenile Justice Act, 2000. Many of the provisions detailed in this Chapter may need to
be looked at in conjunction with other provisions in other Chapters.
• Adoption and Trafficking
• The Hindu Adoptions and Maintenance Act, 1956
• The Guardians and Wards Act, 1890
• CARA (Central Adoption Resource Agency) Guidelines
• Juvenile Justice Act, 2000
• Transplantation of Human Organs and Trafficking
• The Indian Penal Code, 1860
• Transplantation of Human Organs Act, 1994
• Organized Crimes and Trafficking in Human Beings
• Trafficking for the Purpose of Marriage
CHAPTER 5: INTERNATIONAL LAW STANDARDS RELATING TO
It is relevant to understand the significance of international law so as to appreciate its
applicability to the crime of trafficking. International legal instruments may be ‘charter
based’ or ‘treaty based’. Charter based instruments are those that have been drafted as
a result of the resolutions and decisions of the UN system, for example, the UN Charter
and the Universal Declaration of Human Rights. These instruments are monitored by
charter-based bodies such as the Commission on Human Rights, which meets for six
weeks each year in Geneva. The other kind of international legal instruments are
agreements or covenants signed by State Parties, and these act as a commitment by
these respective State Governments to abide by the provisions of that treaty or
agreement. Some of these instruments are the Civil and Political Rights Convention, the
Economic, Social and Cultural Rights Convention, the Child Rights Convention, etc.
There are some important ways in which a State Party may show its acceptance of a
treaty. The first is that of signing the treaty at a time when the treaty has been passed
and a period is reserved for signatures. The next is that of ratification, at which stage,
State Parties may ratify the whole convention or may ratify with reservations or
conditions on specific Articles that they cannot comply with citing reasons. The third is
that of accession by State Parties to a treaty. Those parties who have not signed the
treaty previously may do so after the period which was open for signatures. Ratification
by a State Party of any agreement makes it binding on that State to report to
Committees and treaty monitoring bodies about what progressive steps it has taken for
the realization of the rights contained in that treaty.
The Constitution states that the State shall endeavour to foster respect for international
law and treaty obligations. In India, the mode of legislative ratification is being followed.
This means that where the Government of India has ratified any Convention, all
attempts are made to ensure that the provisions of that Convention are enshrined in
domestic legislation that should be passed. This position is different from the United
States where, if the Government ratifies any convention, the provisions of such a
convention become enforceable with immediate effect.
The nature and scope of obligations of a State under international human rights law
depends on the type of legal system a State belongs to. Under a ‘monist’ regime,
obligations under international human rights law are as binding as, if not more superior
to, the national constitutional obligations. Under a ‘dualist’ regime, as in India,
obligations are not directly binding unless there is an explicit measure, through
enactment of a statute, to internalize these obligations.
CHAPTER 6: THE VICTIMS OF TRAFFICKING WITH SPECIAL
REFERENCE TO HUMAN RIGHTS
The introductory chapter gives a broad overview about the initiatives and activities
undertaken by various stakeholders to prevent and combat trafficking in human beings.
Most of these initiatives and activities have come out with their own recommendations
and Plans of Action. The result being that we all are working in isolation rather
collectively on the same issue.
In order that these recommendations/Plans of Action are properly acted upon, the
Ministry of Women and Child Development, Ministry of Home Affairs, National Human
Rights Commission and National Commission for Women have decided to work in
unison and draw up the Victims of Trafficking With Special Reference to Human Rights.
This, we feel, would guide and facilitate uniform action on the part of all concerned so
that trafficking is eliminated from its roots. The Integrated Plan of Action outlined below
consists of action points grouped under:
• Ensuring Human Rights Perspective for the Victims of Trafficking
• Preventing Trafficking
• Emerging Areas of Concern in Trafficking – Their Patterns and Trends
• Identification of Traffickers and Trafficked Victims
• Special Measures for Identification and Protection of Trafficked Child Victims
• Rescue of Trafficked Victims Especially in Brothel-Based and Street-Based
Prostitution with Special Focus on Child Victims
• Rehabilitation, Reintegration and Repatriation of Trafficked Victims with Special
Focus on Child Victims
• Cross-Border Trafficking: National and Regional Cooperation and Coordination
• Legal Framework and Law Enforcement
• Witness Protection and Support to Victims
• Training, Sensitization, Education and Awareness
• Methodology for Translating the Action Points into Action
CHAPTER 7: CONCLUSION
•There must be a clear line drawn between the trafficker and the victim. Victims must
not be further penalized, and a distinction must be made between trafficking on the one
hand, and prostitution or unsafe migration on the other, even if laws relating to border
controls have been breached by such persons.
•Rescue of trafficked victims should go along with effective rehabilitation and must be
done in a gender sensitive way. The survivors of trafficking should have the right to
exercise independent agency, rather than being compelled to do whatever the State
thinks is best for them.
•Civil remedies like torts claims and compensation must be created and enforced
against traffickers or employers.
•States must commit finances for more and better schemes to rehabilitate victims.
•Witness protection must be explored to create an atmosphere free from fear within
which a victim can testify.
Anti-trafficking trainings must continue with renewed vigor for different implementing
agencies. Trainings must be done continuously and at three levels-
Basic/ Qualification Training
Trainings to in-service personnel, and
Trainings for those deputed to anti-trafficking squads/ police/ border controls
•Employment and recruitment agencies must be closely monitored.
•There must be greater awareness at all stages of source, demand and transit, and
whistleblowers must be protected.
•Corruption among the police, border officials and other government personnel must be
addressed more firmly.
•Community initiatives must be strengthened in order to ensure greater awareness on
trafficking. Generating of labor opportunities locally and enforcement of labor standards
nationwide will reduce the vulnerability of labor to trafficking.
All India Reporter
Bombay Law Reporter
Central Adoption Resource Agency
Customs Excise and Gold Control (Appellate) Tribunal
Criminal Law Journal
Criminal Procedure Code
Commercial Sexual Exploitation
Child Welfare Committee
First Information Report
Indian Evidence Act, 1862
Indian Penal Code, 1860
Immoral Traffic (Prevention) Act, 1956
Juvenile Justice (Care and Protection of Children) Act, 2000
Maharashtra Control of Organised Crime Act, 1999
Maharashtra Law Journal
National Capital Territory
People’s Union for Democratic Rights
South Asian Association for Regional Cooperation
Supreme Court Cases
Special Police Officer
Trafficking Police Officer
United Nations Office on Drugs and Crime
S.N. NAME OF BOOK NAME OF
01 CONSTITUTION OF INDIA PANDEY J.N. CENTRAL LAW AGENCY
02 CRIMINOLOGY &
CENTRAL LAW AGENCY
03 OUR CONSTITUTION KASHYAP S.C. ------- 2006
04 INTRODUCTION TO
BASU D.D. WADHWA PUB. NAGPUR 2004
05 CONSTITTUION OF INDIA BAXI P.M. UNIVERSAL LAW
06 INDIAN CONSTITUTIONAL
JAIN M.P. LEXIS NEXIS PUB. 2005
1. Research Study on Human Right Violation of Victims of Trafficking...
2. Human trafficking will not end until it ends in India
3. Human trafficking in India -
4. Human Trafficking - STOP Trafficking and Oppression of Women...
5. Human Trafficking Facts, Statistics, Truth, Research papers, reports...
6. Wither Childhood? Child Trafficking in India
7. Preventing and Combating the Trafficking of Girls in India ... – IDLO
Protocol against The Smuggling of Migrants by Land, Sea and Air,
Supplementing The United Nations Convention against Transnational Organized
ILO Forced Labour Convention, 1930
ILO Abolition of Forced Labour Convention, 1957
ILO Minimum Age Convention, 1973
ILO Worst Forms of Child Labour Convention, 1999
Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, 2000
United Nations Global Initiative to Fight Human Trafficking (UN GIFT)
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, 2000
Convention on the Rights of the Child, 1990
United Nations Office on Drugs and Crime Global Report on Trafficking in
Coalition Against Trafficking in Women-International (CATW)
The Constitution of India, 1949
Indian Penal Code, 1860
Bonded Labor Abolition Act, 1976
The Juvenile Justice Act, 1986
The Child Labor Act, 1986
Immoral Trafficking Prevention Act (ITPA) 1956