Author: Sunil Kumar Sharma, Rabindranath Tagore University, Bhopal
Introduction
In this research we will know what is human trafficking and what are its faults, first of all we know what is human trafficking, and what does it mean Human resource, is a form of modern-day slavery that involves the illegal transport of people by forceful abuse or deception for the purpose of Labor, sexual exploitation or such exploitation, which brings economic benefit to the human resource. Human resource is a global problem that affects people of all age groups. Earlier in our history we had read the topic of bonded Labor, one form of that is human trafficking, which literally means to forcefully keep people on your work or on any scheme, if we understand about bonded Labor, then in earlier times when a person used to take money on loan but could not repay that loan, that person had to work at the debtor’s house till the day your loan is over. But bonded Labor has a different identity in which people are kept on work without any wages and without paying him his wages. But that was a time when humans were abused and humans suffered but now that time is gone, many protective laws have been made to end this kind of exploitation. Due to the mentality of some people, that aspect is still alive and exploitation of people continues even today.
Key words – what is human trafficking, what is the law for human trafficking, crimes related to human trafficking, how can it be stopped,
Meaning – The literal meaning of human trafficking is as follows “when a person is forcibly, forcefully, taken from one place to another without the permission of another person or is made to do some work which is prohibited by law. But this was a simple meaning, if we understand from the definition of law then a great definition has been given for it, let us see what is its definition.
Punishment for offence
Whoever exploits a minor or any person knowing or believing that it is human trafficking, shall be punished with imprisonment of either description for a term which shall five years but which may extend to seven years. And for exploiting such a minor, such person shall be punished with imprisonment of up to three years which may extend to five years and shall also be liable to fine.
Minor means
A person whose age is below 16 years and if it is a woman,
Then her age is below 18 years and such persons are considered minors.
Section 366 (a/b) of Indian Penal Code 1860.
Whoever is a minor girl below the age of 18 years and is being compelled or seduced to have sexual intercourse with another person without her consent,
Whoever imports from any country outside India any girl below the age of 21 years and forces her to have sexual intercourse without her consent,
Immoral Traffic (Prevention) Act, 1956
The Prohibition of Human Traffic in Women and Children Act, 1956 was assented to on 30 December 1956 and brought into force throughout India. This Act was made with the objective of preventing human trafficking of women and children, as India had signed the United Nations International Convention on the Rights of Women and the Protection of Minorities from Exploitation on Children on 9th May 1950 in New York.
The subsequent amendments not only changed the name of the Act but also aimed to “prevent immoral traffic” by introducing the PITA Act in 1956. Two amendments were made to PITA in 1978 and 1986 respectively, which were aimed at making this Act more gender-sensitive. The main objective of this law is to promote traditional attitudes and practices of prostitution in India, and it is divided into 25 sections and a table.
Steps taken by the government to prevent human trafficking crime
The government has adopted various measures to prevent human trafficking so that such crimes can be prevented in India, the provisions for this are as follows.
National Human Rights Commission – Investigates human trafficking cases and ensures that victims get justice.
Integrated Anti-Trafficking Units – These special units have been set up at the state and national level to catch criminals like these and help the victims.
Victim Rehabilitation Scheme – The Government of India runs a scheme for the rehabilitation of victims. Under which health services, legal aid, and employment opportunities are provided.
Case Law –
People’s union for Democratic rights v. Union of India (1982) – In this case law, the court held that the right against forced labour included the right to minimum wage. The Hon’ble Supreme Court defined ‘forced labour’ while discussing the scope of Article 23 of the constitution of India.
Bachpan Bachao Andolan v. Union of India (2011): In this landmark judgement, the Supreme court recognized Trafficking as an organized crime and defined it in accordance with the optional protocol of the United Nations Convention against Transnational organization crime (UNCTOC). The court also declared a total banned on children’s use in circuses & also another place. It was also held that no child should be deprived of his fundamental right given under the Constitution of India and brought to child trafficking and subjected to abuse, be it physical or emotional.
Conclusion
Human trafficking is a brutal violation of human being rights and dignity. Laws against human trafficking serve as crucial tools in combating this heinous crime, ensuring justice for victims, and holding perpetrators accountable. demonstrates a strong commitment to eradicating this menace.
Collaborative efforts among law enforcement agencies, judiciary, civil society, and international organizations are essential for creating awareness, rescuing victims, and dismantling trafficking networks. Additionally, addressing the root causes—such as poverty, lack of education, and gender inequality—is critical to preventing trafficking at its source.
FAQS
Main causes of human trafficking ?
Answer – Poverty and unemployment – Due to financial crisis, people get deceived and become victims.
Illiteracy – Due to lack of awareness, people get trapped in the trap of traffickers.
Gender discrimination – Women and children are easily exploited.
Illegal immigration – People take the wrong path in search of a better life.
Organized crime – Human trafficking is a big organized crime.
What are the provisions related to human trafficking in Indian law, and which is the most effective law among these?
Answer – Provisions related to human trafficking in Indian law –
1. Constitution
Article 23(1) prohibits trafficking and forced labour.
Article 39(e) prohibits exploitation of vulnerable groups.
2. IPC
Section 370 defines and punishes trafficking (7 years to life imprisonment).
Section 372-373 punishes sale/purchase of minors for exploitation.
3. ITPA, 1956 prohibits trafficking for prostitution and punishes related offences.
What schemes and programs are being run in India for the rehabilitation and protection of victims of human trafficking?
Answer – India has schemes such as Ujjwala for rescue and rehabilitation, Swadhar Greh for shelter and support, and ICPS for child protection and rehabilitation of trafficking victims. These programs provide shelter, counseling, and vocational training.
Which agreements and organizations have contributed to stopping human trafficking at the international level, and how is India connected with them?
Answer – International efforts such as the Palermo Protocol (2000), CEDAW, ILO Conventions (C29 and C182), and the SAARC Convention are meant to combat human trafficking. India is a signatory to these conventions and collaborates with UNICEF and UNODC on anti-trafficking initiatives.
