INTRODUCTION

Human trafficking for the purpose of sexual exploitation is known as sex trafficking. In this victim is coerced into sexual actions, usually non-consensually, in a kind of sexual slavery, it can be dubbed as a sort of modern slavery. People who manipulate victims into engaging in various forms of commercial sex with paying customers are known as sex traffickers or pimps.

Though human trafficking is banned in India as per legislative actions and rules still continue to be a practice People are routinely trafficked illegally through India for commercial sexual exploitation and forced/bonded labour. NGOs believe that this problem impacts 20 to 65 million Indians, despite the fact that no reliable study on forced and bonded labour has been undertaken. In India, women, children and men, are trafficked for various reasons. Girls and Women are trafficked domestically in the country for commercial sexual exploitation and forced marriage, particularly in locations where the gender ratio is heavily skewed toward men.

PROSECUTION

The Immoral Trafficking Prevention Act (ITPA) of the Indian government punishes trafficking for commercial sexual exploitation, with penalties ranging from seven years to life imprisonment. The Bonded Labour Abolition Act, the Child Labour Act, and the Juvenile Justice Act all prohibit bonded and forced labour in India. To apprehend traffickers, Indian authorities apply Sections 366(A) and 372 of the Indian Penal Code, which prohibits kidnapping and selling kids into prostitution, respectively. The maximum penalty under these regulations is ten years in prison and a fine. But Corrupt officials may occasionally enable bonded labour and the migration of sex trafficking victims instead of shielding victims from brothels that exploit them. Instead, these officials should arrest all the people included in this scam in order to create a deterrent effect on the entire population.1

The state of Maharashtra prepared an action plan to combat human trafficking in November, however, it did not commit adequate resources to achieve the plan’s goals. Also, because the government did not break down the figures by parts of the law, data about trafficking violations were mixed up with data about arrests of women in prostitution under Section 8 of the ITPA.

PROTECTION

India’s efforts to safeguard victims of human trafficking vary by state, but many remain ineffective. Bonded labour victims are entitled to monetary compensation of 10,000 yen (US $185) from the central government for rehabilitation, however, the policy is implemented unevenly around the country. Because government officials do not actively seek out and rescue bonded labourers, few victims obtain assistance. Although minors kidnapped for forced labour are entitled to 20,000 ($370) in government shelters, the condition of many of these houses remains low, and rehabilitation monies are disbursed seldom.

CAUSES OF TRAFFICKING IN INDIA

Human trafficking, particularly of women and children, is influenced by a number of circumstances. There are two types of causes that contribute to the trafficking of women and children: push and pull forces. Poor socioeconomic conditions of a large number of families, poverty coupled with frequent, almost annual natural disasters such as floods, resulting in virtual destitution of some people, lack of education, skill, and income opportunities for women (and their family members) in rural areas, lack of awareness about traffickers’ activities, and pressure to collect money for dowries, which leads to sending daughters to distant places for dowries, are all push factors. The pull factors are lucrative job offers in big cities, easy money, the promise of better pay and comfortable life by trafficking touts and agents, demand young girls for marriage in other regions, demand for low-paid and underage sweatshop labour, growing demand for young kids for adoption, rise in demand for women in the rapidly expanding sex industry, demand for young girls in places of military concentration like Kashmir in India in recent years, and demand for young girls in places of military concentration like Kashmir in India in recent years.

MEASURES TO RAISE AWARENESS

With the help of NGOs and police officials, some types of advertisements can be placed in the popular media in a specific location, and awareness programmes can be held in villages, local schools, among children from poor families, and the general public to raise awareness of the dangers of being victimised.

IMPACT OF HUMAN TRAFFICKING

Human trafficking has significant social, economic, and health consequences. From a sociological standpoint, unchecked trafficking leads to a re-enforcing cycle of patriarchal norms that infringe on women’s basic rights. From an economic standpoint, it results in the loss of livelihoods because the labour remains outside of India’s formal economy. From a health standpoint, human trafficking exacerbates India’s already significant HIV/AIDS epidemic. Human trafficking, like the drug trade, contributes to early death and the spread of HIV/AIDS. Without a doubt, the Indian government is working to combat human trafficking, and the Indian constitution protects essential rights such as freedom of religion, freedom of speech, freedom from exploitation, and the right to education. According to these rights, everyone has a personal right to oppose trafficking and to put an end to it in India, but in today’s culture, everyone has money and a guilty mind, which allows trafficking to thrive in India.2

CONCLUSION

Human trafficking jeopardises the dignity and safety of those who are trafficked, as well as their human rights. When it comes to real execution, India’s constitutions provide equal rights for men and women, but they are sometimes just rhetoric. To combat human trafficking and thus protect the human rights of vulnerable people, governments must have a strong political will to carry out their anti-trafficking mandates. As a result, every crime that can be profited from one day becomes a major social problem, as in the case of people trafficking. The solution to the problem is still in our hands if thoughtful, forceful efforts are taken and policies are created and rigidly executed.

References

  1. Human trafficking in India https://en.wikipedia.org/wiki/Human_trafficking
  2. What is human trafficking https://sf-hrc.org/what-human-trafficking

This article is written by Dalima Pushkarna student at Dr Ram Manohar Lohiya National Law University, Lucknow.

Equivalent Citation

Criminal Writ Petition no. 6065 of 2019

Bench 

Prithviraj K. Chavan

Date of judgment

 30 September 2020

Act 

Immoral Traffic Prevention Act, 1956

Facts 

The complainant, who is a constable in the police, has approached the social service branch, Mumbai. Mr. Revle has secretly informed that a person Mr. Nijamuddin Khan, a pimp provides women for prostitution in Malad’s guest house. A trap has been set out for the raid in the guest house. The raiding team had arrested a client and victim girls and taken them into custody. The victim girls were produced in Metropolitan Magistrate (MM). They were allowed to contact their parents. In an inquiry it found that the victims belong to the Bediya community, the community has a custom that the girl after attaining puberty sent for prostitution. The victims’ parents were aware of their profession and they did not have a problem. The Magistrate has observed that the girls have not been sent to their parents because it is not safe. The court held that the victims need care and protection. Victims were directed to be detained in shelter homes. They were sent to ‘Nari Niketan’ for one year for shelter and vocational training. The MM order has been challenged and appealed in the session court. The appeal dismissed and confirmed the order passed by MM. 

The issue before the court

Indulging in prostitution is not punishable under the Immoral Traffic (Prevention) Act, 1956, if the victims are not being forced.

The ratio of the court

Petitioners argued that the lower court’s interpretation of Section 17 of the Immoral Traffic Act is not correct. The victims could not be accused and prosecuted according to Sections 3 and 9 of the Immoral Act. The victims were indulged in prostitution because of their choice. They were not forced by someone. The law clarified by High Court that it does not criminalize sex workers and instead, it seeks to protect them. Sexual exploitation for commercial purposes like pimping and also soliciting or seducing in public places is prohibited under law. Running brothels or allowing prostitution from a place is also illegal. The law assumes that the persons offering their bodies in exchange for money are victims and not doing immoral acts. The Immoral Traffic (Prevention) Act, 1956 criminalize sexual exploitation and abuse of a person for commercial purpose and does not criminalize the commission of prostitution. The court observed that petitioners were indulging in the seduction of any person nor were they running a brothel to seduce a person.  The Court has observed the order passed by MM because they belong to a particular caste but the magistrate ought to have considered their willingness and consent before detention. Victims have the right to reside at the place of their choice.

High court decision

The court observed that victims were not prosecuted under the Immoral Traffic Prevention Act so they cannot be detained in ‘Nari Niketan’ or any other institution. The Metropolitan Magistrate does not have the right to hold custody of the victims for more than three weeks in the absence of a final order which is due process of law. The purpose of the Immoral Traffic Prevention Act is prohibited where the victim is forced by a person or seducing any person in public places. But Act does not prohibit prostitution or punished prostitutes. There is no provision under law that criminalizes prostitution or punishes a person who indulges. 

The present article has been written by Prachi Yadav, a 2nd-year student from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

The present article has been edited by Shubham Yadav, a 3rd- year student from Banasthali Vidyapith.

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