TRAFFICKING OF WOMEN

CHAPTER 1
INTODUCTION
 MEANING AND DEFINITION
Human trafficking differs from people smuggling, which involves a
person voluntarily requesting or hiring another individual to covertly
transport them across an international border, usually because the
smuggled person would be denied entry into a country by legal
channels. Though illegal, there may be no deception or coercion
involved. After entry into the country and arrival at their ultimate
destination, the smuggled person is usually free to find their own
way.
According to the International Centre for Migration Policy
Development (ICMPD), people smuggling is a crime against the State
due to the violation of national immigration laws, and does not
require violations of the rights of the smuggled person. Human
trafficking, on the other hand, is a crime against a person because of
the violation of the victim's rights through coercion and exploitation.
 HUMAN TRAFFICKING
Trafficking in persons is a serious crime and a grave
violation of human rights. Every year, thousands of men,
women and children fall into the hands of traffickers, in
their own countries and abroad. Almost every country in
the world is affected by trafficking, whether as a country
of origin, transit or destination for victims. UNODC, as
guardian of the United Nations Convention against
Transnational Organized Crime (UNTOC) and the Protocols
thereto, assists States in their efforts to implement the 
Protocol to Prevent, Suppress and Punish Trafficking in
Persons (Trafficking in Persons Protocol).
 OBJECTIVE OF THE STUDY
The main objective of present research is an attempt to
highlight the crimes committed against the children in India
and analysis the related legislative measure to curb the evil of
child abuse and exploitation of the women and what efforts
are made to combat trafficking of persons through
prosecution and enforcement against trafficking and what
protection and assistance is given to victims of trafficking, the
problem and difficulties faced by them and their children.
 HYPOTHESIS
Hypothesis is a formal question that researchers seek to resolve. Hypothesis is a

proposition or set of prepositions set forth as an example of the occurrence of

some specified group of phenomenon either asserted merely as a provision

connective to guide some investigation on a definite target and determines on a

definite target and determines what observation measures are to be used. The

present research work proceeds on the following hypothesis: -

• There are various enactments or welfare legislation which protects the rights of

children but there are certain drawbacks in these enactments which need to be

checked.

• There are certain loopholes regarding enforcement and implementation of law,

which need to be eradicated.

 RESEARCH QUESTIONS
• What precisely do we mean by the term “trafficking” in
the present context?
• To what extent trafficking of women as we understand it
today is destroying all settled norms of morality and
decency?
• Whether the existing legal framework has been able to
curb and control trafficking of women in this country?
• Whether our legislators have paid an adequate attention
of developing the law in this regard with the changing
life styles of our society?
• Has the judiciary played any significant role in
interpreting the law dealing with immoral traffic?
 CHAPTER – 2
PROTECTION TO WOMEN: INTERNATIONAL PERSPECTIVE
 DEFINITION
Human Trafficking is the illicit movement of persons across national borders from one

country to another in transition with the purpose of forcing women and children into

sexual exploitation or for profit of recruiters, crime syndicates and other activities.

Trafficking is the recruitment and transportation of persons within and across national

borders which may result of slavery and sexual exploitation of women and children. The

victims of trafficking are exploited and tortured for financial gains by their exploiters. An

estimated five lakhs of women and children are trafficked every year. The women and

children are mainly trafficked for the purpose of sexual exploitation, slavery or bonded

labour. They are trafficked may be in same countries from one place to another place or

may be from one state to state through the national borders. Recognizing of the

trafficking is the first step in identifying victims and prevention of the trafficking.
 CONVENTIONS
• UNIVERSAL DECLARATION OF HUMAN RIGHTS

• INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, 1966

• CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC IN PERSONS

AND OF THE EXPLOITATION OF THE PROSTITUTION OF OTHERS, 1949

• CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN (CEDAW), 1979

• THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS

(OHCR)
INTERNATIONAL CONFERENCES TO PREVENT
HUMAN TRAFFICKING
• The World Congress against Commercial
Sexual Exploitation of Children
• The Europe Conference on fight Against
Trafficking
 CHAPTER – 3
LEGAL FRAMEWORK TO TRAFFICKING IN WOMEN
 LEGAL PROVISIONS
CONSTITUTION OF INDIA

The Constitution of India has provided its citizens with different fundamental rights. Being enshrined in part 111 of the

Constitution these become justifiable rights and the government is under an obligation to ensure their availability to

all.

Article 14 provides for equality in general. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex

or place of birth or any of them. Article 15(3) provides for special protective discrimination in favour of women and

children. Art.23(1) prohibits the traffic in human beings and all forms of bonded labour but authorises the State to

impose compulsory service for ‘public interest’ Traffic in human beings obviously includes traffic in women and children

for immoral and other purposes, e.g. to make them Devdasis

Article 24 prohibits employment of children in any hazardous employment or in any factory or mine unsuited to their

age.

Article 39(f) being a directive principle provides that children should be given opportunities and facilities to develop in

a healthy manner and that childhood should be protected against exploitation.

Article 46 directs the State to promote the educational and economic interests of the women and weaker sections of

the people and that it shall protect them from social injustice and all forms of exploitation.
 The Indian Penal Code
The Indian Penal Code includes offences, among others, relating to exposure and
abandonment of child under 12 years by parent or person having care of its wrongful
restraint or wrongful confinement; kidnapping, abduction, slavery and forced labour
and sexual offences. Of particular significance are offences relating to kidnapping from
lawful guardians (Section 361); kidnapping, abducting or inducing woman to compel
her into marriage (Section 366); procuration of minor girls (Section 366 A); importation
of girl from foreign country (Section 366B); selling minor girls for purposes of
prostitution (Section 372); buying minor girls for propose of prostitution (Section 373);
‘rape’ (Section 375); and, ‘unnatural offences’ (Section 377). Sexual intercourse with a
woman with or without her consent when she is under 16 years of age amounts to rape
and the offender is punishable upto imprisonment for life.
Kidnapping and/or abduction for export (i.e. kidnapping out of India. Sec. 360 IPC),
kidnapping for begging (Sec. 363-A IPC), kidnapping or abducting with intent secretly
and wrongfully to confine person (Sec. 365 IPC), kidnapping to compel for marriage
(Sec. 366 IPC), importation of girl from foreign country with intent to or knowledge that
she might be forced or seduced to illicit intercourse (Sec. 366 B), kidnapping/abduction
for slavery or to subject a person to grievous injury (such as in camel racing) etc. (Sec.
367 IPC), buying or disposing of any person as a slave (Sec. 370 IPC), habitual dealing in
slaves (Sec. 371 IPC); are all punishable under the Indian Penal Code but there is no
data compilation under these separately.
 Criminal Acts and Rights Violations on The Trafficked Persons
In the existing scenario, trafficking is usually confused with prostitution and therefore, there is no proper
understanding of the seriousness of trafficking. It would be appropriate here to list out the wrongs, violations,
harms and crimes that are committed by various persons on a trafficked victim. These violations can be realized
only during a careful interview of a trafficked person. As a typical example, under the Indian Penal Code, a
trafficked girl child has been subjected to a multitude of violations. She has been:
i. Displaced from her community, which amounts to kidnapping/ abduction (Sections 361, 362, 365, 366 IPC
may apply).
ii. Procured illegally (S.366 A IPC).
iii. Sold by somebody (S.372 IPC).
iv. Bought by somebody (S.373 IPC).
v. Imported from a foreign country (if she hails from a foreign country, or even from J & K State, and is under
21 years of age – S.366 B IPC).
vi. Wrongfully restrained (S.339 IPC).
vii. Wrongfully confined (S 340 IPC).
viii. Physically tortured/injured (S.327, 329 IPC).
ix. Subjected to criminal force (S. 350 IPC).
x. Mentally tortured/harassed/assaulted (S. 351 IPC).
xi. Criminally intimidated (S.506 IPC).
xii. Outraged of her modesty (S 354 IPC).
xiii. Raped/gang raped/repeatedly raped (S 375 IPC).
xiv. Subjected to perverse sexual exploitation (‘unnatural offences’) (S.377 IPC).
xv. Defamed (S 499 IPC).
xvi. Subjected to unlawful compulsory labor (S.374 IPC).
xvii.Victim of criminal conspiracy (S 120 B IPC).
 CHAPTER – 4
LAW ON IMMORAL TRAFFICKING
 THE IMMORAL TRAFFIC (PREVENTION) ACT 1956
Sexual urge is a natural instinct in both men and women. Those who could not have a sex relation with

life partner or an unmarried person attempts to get sex satisfaction illegally. These situations created a

new institution of prostitution in societies. This profession of flesh trade has existed in almost all

societies from the time immemorial. It has been in existence in the name of devadasi, matangi etc. in

India society. Some people turn these situations into trade and run brothel houses. Everyone knows

that there were and is “red light areas” in every city or town in India. The reasons for prostitution are

many, some of them are poverty, obscenity, lure of luxury, moral degradation, dowry system, caste

discrimination, over population, unemployment, demonstration effect, illiteracy and innocence,

unaware of sex diseases etc. Some women take up the prostitution as profession to earn their

livelihood. Some people run brothels as a part of trade. During recent days under the influence of

western culture, some people are taking of ‘sex industry’ and ‘sex workers’. The prostitution is a black

spot on the civilized society. Hence many social reformers and elite of the society fought for the

prevention of immoral traffic in human beings. In some countries law or regulations have regulated the

prostitution whereas in India legal steps have been taken to prohibit it as per the Article 23 of the

Constitution of India.
 THE IMMORAL TRAFFIC PREVENTION ACT, 1986

The fundamental law relating with the sex workers is The Immoral

Traffic (Suppression) Act, 1956 which legalizes the practice of

prostitution in private but is not permitted to ask for or seduce

customers openly and does not allow brothels, prostitution rings etc.

The Immoral Traffic Prevention Act, 1986 has amended The Immoral

Traffic (Suppression) Act, 1956. The 1986 Act was passed by the

Parliament to comply with the United Nations Declaration on the

Suppression of Trafficking in 1950 for the purpose of preventing and

ultimately prohibiting prostitution to criminalize sex work.

 THE IMMORAL TRAFFIC (PREVENTION)
AMENDMENT BILL, 2006

The Immoral Traffic (Prevention) Act, 1956 [2] makes trafficking and

sexual exploitation of persons for commercial purpose a punishable

offence. The Act was passed in line with the International Convention for

the Suppression of the Traffic in Persons and of the Exploitation of the

Prostitution of Others, signed by India on May 9, 1950. Although the Act

was amended twice (1978 and 1986), it did not prove to be an effective

deterrent to trafficking or sexual exploitation for commercial purposes.

The Immoral Traffic (Prevention) Amendment Bill, 2006 aims to punish

traffickers and provide for stringent punishment to offenders.

 CHAPTER-6
TRAFFICKING IN WOMEN: JUDICIAL APPROACH
Aman Kumar v/s State of Haryana

The Police Inspector entered the hunted of the complainant woman

and tried to ravish her. During enquiry he took the plea that she was a

woman of easy virtue. The inquiry officer dropped the charges against

the accused. The Hon’ ble Bombay High Court upheld the principle,

while upholding that, even a woman a easy virtue is entitled to privacy

and no one can invade her privacy when one likes, So also it is not

open to any every person to violate her person as and when he wishes.

She is equally entitled to the Protection of law.

 Pushpa v/s State of Uttar Pardesh
The Hon’ble Allahabad High Court seized emphatically on the possibility

of abuse of the provision for reform homes, lamenting that a trafficked

women may end up in protective home by collusion keepers of brothels

and pimps with some corrupt authorities, as that would throw her at

their mercy and she would willingly succumb to their dictates, in a bid to

secure her freedom, as there are no provisions for legal aid, and

occasionally she has been abandoned by her family or they are too weak

economically to give her any worthwhile support.

 CHAPTER – 7
CONCLUSION AND SUGGESTIONS
 CONCLUSION
A look into the massive figures relating to trafficking gives only a glimpse of the problem. It will not be

wrong to say that is the tip of the iceberg and the real situation is much worst than the one depicted

through the available data. The fact remains that majority of the trafficking cases go unreported either

for the reasons that the victims are not aware of their legal rights or they do not have access to the law

enforcement mechanism. Even if luckily they are rescued by the police or the NGO’s they have to face

humiliation both in the family and in the society. No efforts for their rehabilitation are made and thus

they are left with no choice apart from returning to the world from where they have been rescued.

The causes of trafficking are manifold. One needs to develop a connection between the push and pull

factors in order to understand it properly. This problem is not only having a legal aspect but has a socio

economic feature as well. Resultantly law cannot check it alone. A multidimensional approach is

needed by the countries of the world to curb this growing evil of trafficking among women and

children. Following suggestions are made for handling this menace.

 SUGGESTIONS
• Like the National Crime Record Bureau, National data collection cell of trafficked and missing persons should

be established. This should be assigned the task of collecting and maintaining the data of missing and

trafficking persons. This will help in assessing the approximate gravity of the problem.

• A Uniform National Policy, should be made which should provide guidelines for strengthening of interstate

coordination in enforcement of the ITPA against traffickers.

• A proper mechanism aiming at a better coordination among the state police and the forces at the border

should be developed.

• A new law should be framed which should exclusively deal with, trafficking (both for commercial sexual

exploitation and for non sexual purposes) and its allied activities. To identify the requirements of the new

law, a review of the ITPA (including proposed amendments), The Penal Code, and other relevant laws should

be done.

• There should be a national policy for the rescue and rehabilitation of the victims of trafficking. Provisions for

special fund for rehabilitation of the victims of trafficking should be made by the central government.

• Law relating to the prohibition of child labour should be strictly implemented. The violators should be

severely punished. The actions may involve the cancellation of their working licenses.
• Irrespective of the caste basis, some amount of financial assistance should be

provided to every poor child who goes to the school for education. This will have

a twin benefit. Firstly it will increase the number of students in the school and

secondly the children will not work as labourers, since they will be getting money

from school which will help them meet their needs.

• Government with the help of NGO’s and other social organizations should make

shelter houses, to provide shelter to destitute, homeless women and children.

• Anti human trafficking is an area not only for the concern of governments. Every

individual who has little concern for human right has a worry about it. There is a

lot to be done by every body. It is high time that every one join hands against

trafficking among women and children because it is a common cause and needs

a common and concerted redressal.