Professional Documents
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Human Trafficking in India
Human Trafficking in India
LARRDIS
LOK SABHA SECRETARIAT
NEW DELHI
REFERENCE NOTE
For the use of Members of Parliament NOT FOR PUBLICATION
No.23/RN/Ref./July/2018
Prepared by Shri G. Ranga Rao, Additional Director (23035251) and Shri Vinod Kumar, Deputy
Director of Lok Sabha Secretariat under the supervision of Smt. Kalpana Sharma, Joint Secretary and
Shri R.N. Das, Director
The Reference Note is for personal use of the Members in the discharge of their Parliamentary duties, and is
not for publication. This Service is not to be quoted as the source of information as it is based on the sources
indicated at the end/in the context.
HUMAN TRAFFICKING IN INDIA
INTRODUCTION
The Means (How it is done) – Threat or use of force, coercion, abduction, fraud,
deception, abuse of power or vulnerability, or giving payments or benefits to a person
in control of the victim
The Purpose (Why it is done) – For exploitation, which includes exploiting the
prostitution of others, sexual exploitation, forced labour, slavery or similar practices
and the removal of organs.
4. LEGISLATIVE FRAMEWORK ON HUMAN TRAFFICKING
The Constitution of India: There are three articles in the Constitution of India
relating to this subject;. Article 23 which prohibits trafficking in human beings and
begar and other similar forms of forced labour and Article 39(e) and 39(f) which
ordain that the health and strength of individuals are not abused and that no one is
forced by the economic necessity to do work unsuited to their age or strength and that
childhood and youth should be protected against exploitation.
Immoral Traffic Prevention Act, 1956: It is the only legislation which specifically
addresses Trafficking and is currently pending amendment. It penalizes trafficking of
women and children for commercial sexual exploitation.
Other Legislations: There are some more legislations which directly or indirectly
deal with human trafficking like:-
Indian Penal Code, 1860;
Bonded labour system (Abolition) Act, 1976;
Child labour (Prohibition and Regulation) Act, 1986;
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Response to Human Trafficking: The UNODC offers practical help to States, not
only helping to draft laws and creating comprehensive national anti-trafficking
strategies but also assisting with resources to implement them. States receive
specialized assistance including the development of local capacity and expertise, as
well as practical tools to encourage cross-border cooperation in investigation and
prosecution.
Anti Trafficking Cell: The Ministry of Home Affairs has set up a Nodal Cell for
dealing with matters relating to trafficking in human beings. Since ‘Police’ is a State
subject, registration, investigation and prevention of human trafficking is primarily the
responsibility of State Governments. However, the Government of India has taken
various steps for combating the menace of human trafficking. The Home Ministry has
issued several advisories to the States and UTs from time to time providing guidance
on addressing the issue of trafficking in an effective manner.
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Anti –Human Trafficking Units (AHTUs): As stated earlier, the MHA’s project on
“Strengthening law enforcement response in India against Trafficking in Persons
through Training and Capacity Building”, approved a proposal to establish 332 Anti-
Human Trafficking Units (AHTUs) in various districts across the country. The
Ministry provides financial assistance to the States for setting up the AHTUs. So far,
264 AHTUs have been set up all over the country.
(i) The Anti-Human Trafficking Units (AHTUs) shall take all necessary steps to
investigate cases relating to trafficked persons with special emphasis on
organized crime and to target the economics of crime syndicates through
sealing, attachment and confiscation of property etc.
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(iv) Statement of victims should be recorded under Section 164 of CrPC and
charge sheet should be filed soon after investigation.
(v) There should also be an inquiry for home verification under the Juvenile
Justice Act before repatriation and the Child Welfare Committee in the home
district shall be responsible for the well being of the child.
The Department of Labour shall also initiate proceedings for the recovery of
back wages of the child as per the Minimum Wage Act, 1948.
Short Stay Homes and Swadhar Homes, meant for women in difficult circumstances.
The Details of the funds allocated during the last three years and current year are as
under:
Year Budget Estimates (Rs. in Crores)
2014-15 16.00
2015-16 20.00
2016-17 35.00
2017-18 as on 05.03.2018 50.00
Integrated Child Protection Scheme (ICPS): The Ministry of Women and Child
Development is implementing the Integrated Child Protection Scheme (ICPS) for
creation and management of infrastructure and human resources necessary for
establishing a safe and secure environment for children, especially for children in
difficult circumstances. Financial assistance is provided to States/UTs for improving,
setting up and maintenance of Homes, Specialised Adoption Agencies (SAAs) and
Open Shelters for children in need of care and protection. Besides, financial assistance
is also provided for setting up of dedicated service delivery structures at State and
District levels, with staff exclusively engaged for providing services to children
including need assessment, training and sensitization, awareness generation, etc. The
Scheme also focuses on non-institutional care through adoption, foster-care and after-
care.
References:
1. Human Trafficking in South Asia by Vinod K. Bhardwaj and Sherap Bhutia (2014).
2. Human Trafficking, URL: http://www.unodc.org/unodc/en/human-trafficking/what-is-
human-trafficking.html?ref=menuside
3. India. Ministry of Home Affairs, Annual Report, 2013-14.
4. India. Ministry of Home Affairs, Annual Report, 2016-17.
5. India, Rajya Sabha Unstarred Question No. 758 dated 16.08.2012
6. India, Lok Sabha Unstarred Question No. 1879 dated 22.07.2014.
7. India, Rajya Sabha Unstarred Question No. 1600 dated 08.03.2018.
8. India, Lok Sabha Starred Question No. 344 dated 20.03.2018.
9. India, Rajya Sabha Unstarred Question No. 4470 dated 05.04.2018.
10. https://mha.gov.in/division_of_mha/anti-trafficking-cell#
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Annexure
30 A & N Islands 1 1 0 0 7 7 0 0
31 Chandigarh 1 0 0 0 3 3 0 0
32 D&N Haveli 0 0 0 0 0 0 0 0
33 Daman & Diu 7 0 0 0 38 0 0 0
34 Delhi UT 66 23 0 0 106 0 0 0
35 Lakshadweep 0 0 0 0 0 0 0 0
36 Puducherry 0 0 0 0 0 0 0 0
Total 8132 2403 163 424 10815 7292 159 753
Source : L.S Starred Q NO. *344 FOR 20.03.2018