Human Trafficking- The Termite of Modern India
By- Lisha Arora
                                                                  Sonir Chawla
                                                              Renuka Chauhan
                                                                 Gouri Agarwal
                                                                         (Sec-D)
Objectives of the Research:-
   • To get a clear image of how human trafficking still persists in our
     country and how it exploits a huge number of lives.
   • To create awareness about this ongoing crisis of human
     trafficking.
What Is Human Trafficking?
Human trafficking involves the use of force, fraud, or coercion to obtain some
type of labor or commercial sex act. Every year, millions of men, women, and
children are trafficked worldwide – including right here in India. It can happen
in any community and victims can be any age, race, gender, or nationality.
Traffickers might use violence, manipulation, or false promises of well-paying
jobs or romantic relationships to lure victims into trafficking situations.
Evolution of human trafficking:
In ancient times there was a prevalent practice called bonded labours or
slavery. It has existed during king period where some people agreed to it and
some opposed it. But during British period were slavery is opposed by all the
people in the Indian context. In modern times it is considered as human
trafficking.
In the 20th century this kind of process happens through online because of
the advancement in technology both in usage and in education. In earlier
times it happened through humans for money or may be under fear. Along
with that the people consented to be a bonded labour or slaves under the
higher heads. In our present generation it happens without the consent of the
people who is considered to be victims.
Types involved in human trafficking:
To our basic knowledge trafficking involves sexual trafficking and bonded
labours or slavery.
    •   Sexual exploitation: The victims are mainly women. In this process
        women are forced to involve in sexual activities. It may occur in
        prostitution sites and brothel centres.
        • Labour exploitation: It involves the persons to work as bonded
        labours or slaves by the way of forcing them or awarding punishments
        for not working and force them to work for little remuneration or
        payment and more hours in order to reduce their debts.
        • Forced marriage: This kind of marriage has occurred during king
        periods to gain some country in order to expand his kingdom. It can be
        viewed in recent times to enter into some person country. It may
        happen by sexual and psychological stress along with the physical
        violence.
        • Children as victims: They are forced to works as bonded slaves
        under military camps in kitchen work and in some other violent or
        illegal activity. The female children are forced to have sexual
        exploitation without considering their age.
        • Organ trafficking: The persons will transport the organs of the victims
        to another place for money.
    •
        Online trafficking:
        It is the advanced form of sex trafficking or exploitation in the 21st
        century.
        The main victims are women. The advertisements are made on the
        websites used by the people and it will automatically provoke the
        users. These kinds of advertisements are made normally in all
        websites but it has its origin in the dark web or deep web.
        With curiosity without their knowledge they will share all their personal
        information. The traffickers with the help of them will threaten the
        persons to do work or force them to have sexual intercourse. Some
        people without any other option in order to lead their life will they
        themselves become as victims for smaller amount. It is punished
        through the amended IT Act 2000.
Causes of trafficking in India
The cause of human trafficking in India includesgender discrimination, a
vulnerability of the impoverished population and the desperation of the
impoverished to support their families.Poverty, natural disasters and search
for a better life. Women and children are targets. Human trafficking generates
a huge profit.
Effects of trafficking in India
Human trafficking in India in women suffering from both mental and physical
issues. Mental issues include disorders such as PTSD, depression and
anxiety. Victims of human trafficking can experience
devastating psychological effects during and after their trafficking
experience. Many survivors may end up experiencing post-traumatic stress,
difficulty in relationships, depression, memory loss, anxiety, fear, guilt, shame,
and other severe forms of mental trauma.
Child trafficking in India
Child trafficking can be defined as any person under 18 who is illegally
recruited, transported, transferred, harboured or received by threats, force,
and coercion or inducing fear for the purpose of exploitation, either within or
outside a country. Child trafficking is a common malpractice in India. Child
exploitation is done for several reasons. Some of the primary reasons are:
Sexual exploitation : children, especially girl children are lured into moving to
another city and are forced into prostitution, sex tourism and pornography.
Illegal activities : kidnapped children are often forced to beg, and sometimes
their organs like kidney etc. are sold. These children are also often used for
drug trafficking purposes.
Labour : children brought into the city are sold as bonded labour to industry
owners. They are often placed at factories of carpet weaving, diamond cutting
etc.
CASE LAW ON TRAFFICKING: LANDMARK JUDICIAL
PRONOUNCEMENTS
HAVING A BEARING ON HUMAN TRAFFICKING
There have been some principles laid down by the High Courts and the
Supreme Court which have had a positive impact on the approach of the
judiciary to cases of trafficking. Broadly speaking, these decisions deal with
three main concerns –
Victim's Rights
Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty
PUCL v. Union of India
Directions to State functionaries to tackle the problem of trafficking
Vishal Jeet v. Union of India and Others
Neerja Chaudhary v. State of Madhya Pradesh
Special protection to children
Prerana v. State of Maharashtra
Lakshmikant Pandey v. Union of India
Relationship between Human Trafficking and Legal Framework:
Fundamental Rights as provided under part III of Indian Constitution have
unequivocally claimed the wrongness of human trafficking in terms of morality
and legality both.
Article 23[4] talks about the prohibition of traffic in human beings and forced
labor andprovides its citizens altogether a right against trafficking.
Art.39 provides for certain principle of policy to be followed by the state which
among others includes that state should direct its policy towards securing that
men and women equally, have the right to adequate means of livelihood, that
the health and strength of workers, including men and women are not abused.
Art.51A(e) imposes duty on every citizen of India in mandatory form which
says that:
It shall be the duty of every citizen of India, to renounce practices derogatory
to the dignity of women.
Conclusion And Recommendation
Inspite of a desperate try from all spheres to combat this racket, we are far
from achieving success. But according to my point of view, if there is no
general awareness amongst every citizen of the country, nothing can be
achieved. We all have to work together to make this mission a success and
hence some concrete measures must be taken as soon as possible. They are
as follows:
• Prevention of poverty and equitable distribution of national income among all
classes of society
• Proper employment facilities must be given.
• Regular programs and campaigns should be conducted in every region of
the country to raise awareness.
• The legislature must enact laws to prohibit all forms of prostitution rather
than banning prostitution only in public areas listed in S.7 of ITPA.
If this mission can be accomplished, only then our country can prosper and
we must not stop till we reach our object following the great words of Swami
Vivekananda, arise, awake and stop not till the goal is reached. If the goal can
be achieved, in near future, India will become a nation where the mind is
without fear and the head is held high.
Statistics
In 2020, over 900 human trafficking cases were reported with over three
thousand victims across India. Among states, Maharashtra and
Telangana recorded the highest number of such cases at 184 each,
followed by Andhra Pradesh at 171, Kerala at 166, Jharkhand at 140 and
Rajasthan at 128.
References
www.legalserviceindia.com
https://vikaspedia.in/social-welfare/women-and-child-development/child-development-
1/resources-on-safe-childhood-for-panchayat-members/trafficking-of-children-1
https://www.statista.com/statistics/633086/reported-human-trafficking-cases-by-state-
india/
https://www.financialexpress.com/india-news/about-1714-human-trafficking-cases-
registered-in-2020/2332907/