Nobel Laureate, Nelson Mandela has aptly described the essence of human rights in the following words, “To deny people their human rights is to challenge their very humanity.”As the world continues to progress and advance in various aspects, the issue of human trafficking persists, casting a dark shadow over the notion of human rights and dignity. UNODC defines Human Trafficking as “the recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.”

Human trafficking is a complex and multifaceted issue that has a wide range of causes and consequences, and addressing it requires a comprehensive and coordinated response from all sectors of society. Existing state machinery is deficient in its tactical and technical doctrines to combat the challenges posed in this regard.

This article is an attempt to have a closer look at the problem of human trafficking in India.

Burgeoning crisis

A report published by International Labour Organization (ILO) in 2017 states that more than 40 million people are enslaved for exploitation. The spectrum of the purpose of exploitation varies from sex slaves to child soldiers. The report states that in the preceding five years, 89 million people were victims of human trafficking. Its classification projects that out of 40 million, 25 million were exploited in forced labour and 15 million were pushed into forced marriage to which they had not consented, and out of this, 5.7 million were children.

In India, the problem is particularly acute, with the country being both a source and destination for human trafficking. According to the latest National Crime Records Bureau data, a total of 1,714 cases were registered in 2020. The number increased by 27.7% in 2021 and stands at 2,189 cases in 2021.

The graph presented below shows the total number of human trafficking cases over the past five years. The NCRB report finds that out of 2,189 cases of human trafficking registered by AHTUs in 2021, the highest number of cases have been registered in Telangana (347). It is followed by Maharashtra (320) and Assam (203).

Source: National Crime and Records Bureau

The statistics on sex trafficking and commercial prostitution are also alarming. 16 million women and girls are reportedly the victims of sex trafficking out of an estimated 20 million commercial prostitutes in India, according to a Reuters investigation. Legal Services in India finds in their study that four Indian girls become prostitutes per hour, three of them against their choice.

Contextualizing Jammu & Kashmir

As per NCRB data, human trafficking in Jammu and Kashmir increased by 15.56% in 2022-23 as compared to 2021-22. The data further revealed that a total of 21 persons from different states have been illegally trafficked to Jammu and Kashmir in 2021. The main reasons for human trafficking in J&K are forced labour, forced marriage and lack of awareness. It is also found that trafficking of women has increased in the last few years. Women are being trafficked under the pretext of being provided well-paying jobs. Traffickers make bogus claims of employment either here or elsewhere in India, but the women they hire are underpaid and exploited. Marriage-based trafficking has also shown a rise in Jammu & Kashmir. Women are moving from West Bengal to J&K in search of employment, but once there, they are forcibly married to people who abuse them sexually. 

Causes and consequences

Extreme poverty, violations of human rights, violent conflict, and war-torn areas have increased the risk and vulnerability of women and children to trafficking. Regrettably, South Asia leads in terms of all such indicators. Female trafficking for sexual exploitation is one of the major components of human trafficking. The reason for human trafficking, particularly female trafficking in India can be explained in part by gender-based discrimination. Girls have restricted educational opportunities in this very patriarchal country, which causes disparities in literacy rates and financial earning potential between the sexes. In the rural Northern states, bride trafficking has become a norm due to the skewed sex ratio. There are many girls who are being trafficked from their homes in the name of jobs, prospective careers, marriages, love affairs, etc.

The main contributing factors to male trafficking in India include forced or bonded labour. India’s socio-economic structure is firmly rooted in bonded labour, which can be defined as a system of forced or partially compelled labour in which a debtor accepts an advance of money in exchange for a labour commitment made by the debtor or any member of the debtor’s family for the benefit of a creditor. Even though bonded labour was outlawed in India in 1976, several enterprises still using bonded labour have turned to the human trafficking industry to fill positions in their spinning mills, granite quarries, and brick kilns. Like the bride and sex trafficking, traffickers in forced labour lure victims from India’s impoverished rural areas by promising lump sum payments at the conclusion of their contracts. Poor working conditions and meagre pay for labour result in sicknesses that necessitate wage advances and loans, which keep employees in a lifetime of debt to their employers.

The physical, emotional, and psychological harm suffered by those who are trafficked is incalculable. The consequences of human trafficking are far-reaching and multifaceted. One of the most significant consequences of human trafficking is the profound and lasting trauma experienced by the victims. Trafficking victims are often subjected to extreme violence and degradation, leading to physical and psychological injuries that can last a lifetime. They may struggle with mental health issues such as anxiety, depression, and post-traumatic stress disorder (PTSD), which can further complicate their recovery and reintegration into society. Another consequence of human trafficking is the economic impact it has on victims and their families. Traffickers often prey on vulnerable individuals who are seeking better economic opportunities, but instead, they end up trapped in a cycle of exploitation and poverty. Trafficked individuals may be forced to work long hours for little or no pay, making it nearly impossible for them to escape their situation and create a better life for themselves.

Human trafficking also has broader societal implications. The trafficking industry is highly profitable, with traffickers estimated to make billions of dollars each year. This illicit trade fuels organized crime and corruption, which can have destabilizing effects on local and national economies. Additionally, trafficking can lead to increased rates of crime and violence in communities where it occurs, undermining the safety and security of entire regions.

A paucity of Policy Response

The Indian Constitution prohibits human trafficking and upholds many of the widely recognized different human rights principles, including the right to life and personal liberty, equality, freedom, and access to legal remedies. The right to be free from exploitation is also guaranteed as one of the fundamental rights of any person living in India. Currently, trafficking in India is addressed under Sections 370 and 370A of the Indian Penal Code, and the Immoral Traffic Prevention Act, 1986. Since many victims of trafficking belong to marginalized groups, some forms of trafficking such as forced labour, and sexual exploitation of women are also covered under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.

Yet, the scale of the problem is huge. The extent, magnitude, and intensity of this contemporary slavery are all increasing. The lack of effective implementation of laws and policies is one of the main reasons for this. According to a report by the National Human Rights Commission (NHRC), there are several gaps in the implementation of laws related to human trafficking, including the lack of coordination between different government departments and the weak prosecution of traffickers. The NHRC report also highlighted the lack of awareness and sensitivity among law enforcement agencies and the judiciary regarding the issue of human trafficking. In many cases, victims of trafficking are treated as criminals, and their rights are not adequately protected.

By stepping up border security, increasing funding for relief to victims of trafficking, and drafting an anti-trafficking bill, the Indian government has been addressing the problem of human trafficking. The Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018, was approved by the Lok Sabha in February 2018. But due to the general elections that year, the Bill was not taken up in the Rajya Sabha and eventually expired in 2019. At present, an improved version of the Trafficking of Persons Bill, 2018 is under government consideration. If the bill is approved, it will make trafficking in persons an offence, and establish a national anti-trafficking bureau, and local anti-trafficking units. Additionally, this bill addresses physical and mental trauma, promotes education, health, and skill development, and provides strategies for victim rehabilitation.

Way forward

• The need for strong anti-trafficking laws cannot be overstated. Due to lax law enforcement and little prosecution, traffickers are driven by large rewards and minimal risk. To combat human trafficking, legal action must be taken to recover the assets and income of traffickers as well as to prosecute and punish offenders.

• Cross-border trafficking requires strict enforcement, secure surveillance of trafficking routes, and appropriate social accountability.

• “Specific ‘intelligence’ and ‘surveillance’ processes should also be strengthened to identify gangs and obtain information about their past, affiliations, methods of deceiving people, actions of gang members, and links with others.

• Additionally, the government need to take appropriate measures to address the root causes of human trafficking. Government should raise levels of social protection and create employment opportunities.

Conclusion

Human trafficking is a global scourge that continues to threaten the basic rights and freedoms of millions of individuals around the world. The causes of human trafficking are complex and multifaceted, rooted in poverty, gender inequality, and other societal issues. The consequences of human trafficking are devastating, affecting not only the individual victims but also their families, communities, and entire nations. This modern-day slavery requires a comprehensive anti-human trafficking strategy embedded in a human rights approach since the violation of human rights is both the cause as well as the consequence of human trafficking.

Fortunately, governments, organizations, and individuals around the world are working together to combat human trafficking and create a safer and more equitable world for all. From strengthening anti-trafficking laws and policies to providing support and resources for victims of trafficking, there is much that needs to be done to address this global epidemic. We must remain vigilant and committed to this cause, recognizing that the fight against human trafficking is far from over. As we move forward, it is essential that we continue to raise awareness about human trafficking, its causes, its consequences, and its impact on communities around the world. We must work together to develop and implement effective policies and interventions that address the root causes of trafficking, empower victims, and hold traffickers accountable for their crimes. By doing so, we can create a world where every individual is free from exploitation, violence, and oppression, and where human rights and dignity are respected and protected.

References:

1.    https://www.state.gov/reports/2021-trafficking-in-persons-report/india/

2. https://blogs.lse.ac.uk/humanrights/2021/02/11/human-trafficking-in-india-how-the-colonial-lega cy-of-the-anti-human-trafficking-regime-undermines-migrant-and-worker-agency/

3. https://theprint.in/india/8-children-trafficked-everyday-in-2021-experts-call-for-strong-anti-traffic king-law/1108394/

4.  https://www.indiatimes.com/explainers/news/human-trafficking-in-india-552763.html

5. https://www.legalserviceindia.com/legal/article-982-human-trafficking-in-india.html

6.  https://www.sciencedirect.com/science/article/abs/pii/S0190740920321629

7. https://www.proquest.com/openview/220ed8168bca3e01ee8812e5a678685a/1?pq-origsite=gschol ar&cbl=626342

8.  https://www.shram.org/uploadFiles/20180319102934.pdf

9. https://www.dailyexcelsior.com/ncrb-data-on-human-trafficking-in-kashmir-just-the-tip-of-iceberg-ncw-chief/#:~:text=Srinagar%2C%20Apr%2027%3A%20The%20National,the%20tip%20of%20an%20iceberg%E2%80%9D

10. https://www.thekashmirmonitor.net/poverty-unemployment-exploitation-ncrb-data-blows-lid-off-human-trafficking-racket-in-jk/