Prof. (Dr.) Arvind P. Bhanu[1]& Adarsh Verma[2]
Every year, the 11th of January is observed as “National Human Trafficking Awareness Day.” Human trafficking has been one of the most contentious issues, so prevalent in societies that it has become almost impossible to eradicate this perplexing situation. It is deeply embedded at the grassroots level. People are coerced through inducement, threats, or promises. Lucrative promises are made to the victims, who often suffer in solitude, with no access to the outside world. As stressed by great minds and psychologists, the long-term effects of captivity are far more dangerous than death. Death ends all tangible suffering, but captivity causes prolonged psychological and physical suffering. Victims are sold, and all sorts of atrocities happen to them. A person who is psychologically broken is the hardest to rehabilitate. In legal terms, this is called “Animate Possession.” Some early scholars and jurists justified this type of possession during ancient times. However, as society has become more intellectual, laws have become more liberal. Equality, justice, and human rights are now emphasized, and society has changed significantly.
The stark difference between kidnapping and human trafficking is that kidnapping is usually for ransom, i.e., the offender commits the crime for monetary benefit. In contrast, human trafficking involves many more criminal activities, as the victim’s body is used as a means. The body of a person can be sold, used for bonded sex and rape, and subjected to various criminal activities, including the sale of body parts. Despite various laws in our country, a lack of awareness allows traffickers to deceive people, leading to such crimes. Human trafficking offences include sexual exploitation, bonded labor, domestic servitude, begging, drug peddling, smuggling, forced marriage, forced criminality, child soldiers, and organ harvesting.
Probable causes
Human trafficking is not new; it has been recorded as a crime since time immemorial. A significant factor is the lack of awareness of social contagion. Poor people often fall prey to this influence. There are many causes of human trafficking, including poverty, where families are manipulated by offenders. In dire need of money, families sometimes become involved in these brutal activities due to faint hopes and promises. Statistics from 2019-2021 show that around 300,000 women and children have suffered from this despicable criminal act, with 40% of cases reported in Madhya Pradesh alone. Causes of human trafficking include poverty, lack of employment opportunities, religious/traditional prostitution, child marriage, false promises of jobs or marriage, migration, sex tourism, and internet pornography. There are cases where people have been forcibly migrated to another country and had their passports confiscated, making their stay illegal. According to the UNODC (United Nations Office on Drugs and Crime), around 14,000 adults and children have disappeared in one year from West Bengal alone. The plight of rural conditions is very pathetic. A girl named Meenu was trafficked at the age of 5 and was forced to sleep with 20 men a day. According to another report by the UNODC in India, the notion that only rural and economically weak people are vulnerable is a misconception. Everyone is vulnerable and can become a victim.
Existing Legal measures
There are various laws in place to protect individual rights, but a lack of awareness makes these laws ineffective. Some of the prevalent laws in India include the Immoral Trafficking Act, the Protection of Children from Sexual Offenses Act, the Juvenile Justice Act, and newly enacted laws such as the Bharatiya Nyaya Sanhita and the Bhartiya Nagarik Suraksha Sanhita. Article 23 (1) of the Indian Constitution states that trafficking in human beings, begar, and other similar forms of forced labor are prohibited, and any contravention of this provision shall be an offense punishable by law.Article 24 of the Indian Constitution prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment. While it primarily focuses on child labor, it indirectly helps prevent human trafficking by addressing one of its major forms—child exploitation for labor. Sections 3-9 of the Immoral Trafficking Act of 1956 are crucial as they address the criminality and punishment for detaining a person, keeping a brothel, living on the earnings of prostitution, procuring or detaining a person for prostitution, prostitution in public places, seducing someone for prostitution, and seducing a person in custody. Sections 143 and 144 of the Bharatiya Nyaya Sanhita specifically deal with human trafficking, defining and punishing the trafficking and exploitation of persons. Similarly, Section 51 of the Juvenile Justice Act of 2015 establishes a committee for the specific purpose of keeping trafficked children in custody and making rehabilitations for them. Sections 13 and 17 of the CPCR (Commission for Protection of Child Rights Act, 2005), also known as the NCPCR (National Commission for Protection of Child Rights Act, 2005), are relevant as well.
Instant help
Awareness programs are being run through government agencies. The NCW (National Commission for Women) conducts various seminars, lectures, and programs to spread awareness. They also operate a 24×7 helpline number: 7827170170. The government also runs helplines such as 181, 1098 (Childline), and 1800-4191-813 (Sampark Help Desk), through which anyone can ask for help or advice. The NCPCR (National Commission for Protection of Child Rights—an autonomous statutory body established in India under the Commission for Protection of Child Rights Act, 2005) can be contacted via email (ms.ncpcr@nic.in) or telephone (23478228, 23478200, 23478250, 23478234). Various NGOs are also working specifically in this area, such as “Mukti Caravan” by the Kailash Satyarthi Children’s Foundation, the “Ujjwala Scheme” for trafficked children and adults, and “Bal Mitra Gram (BMG).”
Trafficking behind Cybercrimes
Attentiveness and human conscience can greatly help when such things occur. People and society must work together to reduce the number of such cases. “Digital Arrest” etc. is a new form of cybercrime witnessed in India. Behind such crimes, there is human trafficking, it affects a person psychologically, and monetary loss is another significant issue for the family and the person affected. The Government of India has introduced the NCRB (National Crime Records Bureau) and the new reporting body, CCTNS (Crime and Criminal Tracking Network & Systems). Similarly, on January 9, 2025, Amit Shah, the Minister of Home Affairs, announced a new agency called “Bharatpol,” created by the CBI (Central Bureau of Investigation), which will enhance our investigation agencies. Vulnerable people are often trafficked to other countries, mostly in the Middle East and other deplorable regions.
Trafficking being a serious crime, there is a strong need to spread awareness among the people about the mode and means employed by the traffickers. Implementation of legal measures in strict term with holistic approach is desirable to combat such serious issue.
Prof.(Dr.) Arvind P. Bhanu is an Addl. Director/Joint HOI, Amity Law School, Amity University Noida
Adarsh Verma is a Research Scholar at Amity Law School, Amity University Noida
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