The criminal justice system in India addresses offenses related to human trafficking through a combination of legislative measures, law enforcement practices, and judicial processes. Here are the key aspects of how the system tackles this serious issue: Legislative Framework: Immoral Traffic (Prevention) Act, 1956 (ITPA): This is the primary legislation dealing with trafficking for commercial sexual exploitation. It criminalizes various forms of trafficking and provides for the rescue and rehabilitation of victims. Indian Penal Code (IPC): Sections related to kidnapping (Section 363), selling minors (Section 372), and trafficking (Section 370) are utilized to prosecute traffickers. Protection of Children from Sexual Offences (POCSO) Act, 2012: This act specifically addresses child trafficking and exploitation, providing stringent punishments for offenses against minors. The Juvenile Justice (Care and Protection of Children) Act, 2015: This act aims to protect children from abuse, including trafficking, and outlines procedures for the care and rehabilitation of trafficked children. Law Enforcement: Specialized Units: Police departments may establish specialized anti-trafficking units to investigate and combat trafficking offenses effectively. These units are trained to handle sensitive cases and work closely with NGOs and other stakeholders. Collaboration with NGOs: Law enforcement agencies collaborate with non-governmental organizations (NGOs) and international bodies to share intelligence, conduct rescue operations, and provide victim support. Training and Capacity Building: Ongoing training programs for law enforcement officials focus on recognizing trafficking indicators, conducting investigations, and understanding the legal provisions related to trafficking. Victim Protection and Support: Rescue Operations: Law enforcement agencies conduct rescue operations to free trafficking victims from exploitative situations. These operations are often coordinated with NGOs for effective intervention. Rehabilitation Programs: The government and NGOs implement rehabilitation programs that provide medical care, psychological support, legal assistance, and vocational training to help victims reintegrate into society. Witness Protection: Measures are in place to protect the identity and safety of trafficking victims who may testify against their traffickers. Judicial Process: Fast-Track Courts: To expedite cases related to human trafficking, special fast-track courts may be established to ensure swift justice for victims and stringent punishment for offenders. Legal Aid: Victims of trafficking are entitled to legal aid and representation during court proceedings to ensure that their rights are protected. Awareness and Prevention: Public Awareness Campaigns: The government and NGOs run awareness campaigns to educate the public about the risks of trafficking, signs of exploitation, and how to report suspected cases. Community Engagement: Community-level initiatives are undertaken to empower vulnerable populations and provide them with information and resources to prevent trafficking. International Cooperation: India collaborates with international organizations, such as the United Nations Office on Drugs and Crime (UNODC) and INTERPOL, to combat cross-border trafficking. This includes sharing information, best practices, and resources. Policy Framework: The National Plan of Action for Combating Trafficking and Ensuring Safe and Legal Migration outlines strategies and actions to prevent trafficking, protect victims, and prosecute offenders. In summary, the criminal justice system in India addresses human trafficking through a robust legislative framework, specialized law enforcement efforts, victim protection measures, judicial processes, and community engagement initiatives. Collaboration between government agencies, NGOs, and international organizations plays a critical role in combating this complex and pervasive issue.

Dear client, INTRODUCTION: Ever since contemporary times, human Trafficking has been prevalent. It used to be disguised as devadasis or some other way to justify it. Now, we have democracy and freedom, yet Human Trafficking is a growing problem in our world. Since the known history of humankind, Human Trafficking, slavery and absolute denial of rights, even minimum human substance, were/are prevalent in the name of gods or kings' wishes. In the modern age, with the advent of rationalism and liberalism, it was thought that this menace of humanity would perish and all equal liberated human beings would co-exist in fraternity with human dignity and happiness. However, surprisingly even in the present era, it is modern-day slavery. The earliest form of recognized human Trafficking began with the African trade of enslaved persons. We claim to treat everyone equally, but have we eliminated this evil? No human being is for sale, yet they are robbed of their basic rights and dignity. Innocent people get tangled in this web through coercion, false interpretation or trusting someone they should not have trusted. Trafficking leaves a lot of detrimental scars, especially for children, like long-lasting psychological trauma, substance abuse, suicidal thoughts, sexually transmitted diseases, identity disturbance and confusion. WHAT IS HUMAN TRAFFICKING? Human Trafficking is the trade of humans for forced labour, illegal migration or sexual slavery, be it thrown into prostitution for commercial purposes or personal enslaved people. It has two types of prevalent Trafficking, forced labour and sexual exploitation. Men, women and children of all ages, races and backgrounds have been victims of this heinous crime, and it robbed them of their dignity and rights. It hinders the growth of any nation it touches; Trafficking and its black market are one of the biggest threats to the economic security of the nations. According to a report provided by the United Nations, Human Trafficking is the second largest and fastest-growing criminal industry in the world, with as many as 27 million individuals living in slavery-like conditions throughout the world.1 LEGAL FRAMEWORK ON HUMAN TRAFFICKING IN INDIA If we thought slavery was a thing of the past, perhaps we must stop looking at the world through our rose-tinted glasses. Different laws cover specific aspects of the prevention of human Trafficking in India, as mentioned in 'The Trafficking of Persons (Prevention, Protection and Rehabilitation) bill, 2018.'2. For instance, 'The Immoral Traffic (Prevention) Act, of 19563 was created to stop the sexual exploitation of women and underage girls, and they are being thrown into prostitution or being commercially exploited against their consent. Similarly, 'The Bonded Labour Regulation Act, 1984'4 and 'Child Labour Regulation Act, 1986.'5 deals with exploitation for bonded labour/debt bondage or slavery. Whosoever is a victim of bonded labour loses financial independence and is tricked into working for little or no pay. Each of these laws plays a different yet pivotal role in providing justice to the victims of Trafficking. Indian Laws and the Constitution have criminalized some forms of sex trafficking and labour trafficking. However, we do have a long way to go. We have grown so accustomed to the news and cases of human Trafficking that it has become normal. Where is the accountability? For years the identification of the victims of this heinous crime was not recognized by the law, and compensation was not provided to them. Section 3706 The Indian Penal code (IPC) criminalized trafficking offences that included any form of physical or sexual exploitation. It deals with the offence of buying and disposing of any person as an enslaved person. Human Trafficking is a non-bailable offence under section 370, and there is a penalty of up to ten years of jail time or life imprisonment if it involves a child victim or a fine or both on the people found guilty of the said offence. However, Section 370 required a demonstration of force, so all the forms of child sex trafficking could not be criminalized in the said section. Globally, one out of the five victims of human trafficking are children and mostly aged less than 12 years. Children at such a young age are robbed of their childhood and are sexually and physically exploited for someone else's gain. However, when they should be going to school and learning, these young minds are being exploited, and their youth is wasted. Section 3727and Section 3738 Criminalize the exploitation of minors through prostitution or illicit intercourse. These sections implement a penalty of a term which may extend to ten years and also make a person liable for a fine if found guilty of the offence. The Constitution of India, 1949 talks about the Prevention of Human Trafficking in Articles 23 and Article 24. Article 23 states that the Trafficking of humans and forced labour is punishable under the law.9 Article 24 states that any child under fourteen should not work in or be exposed to hazardous employment like mines or factories. It protects the rights of several underprivileged and deprived people in the country.10 Everyone has the right to free choice, and no one should be exploited for the same. Anyone residing in any part of India, if found guilty of these heinous offences related to bondage labour, sex trafficking or other various kinds of servitudes for other's benefits, personal and financial, that are derogatory and affect the dignity of others, will be punished in accordance with the law. JUDICIAL VIEW ON HUMAN TRAFFICKING: Human Trafficking is a violation of several individual and community rights grouped. The role of law enforcement agencies is huge when it comes to the regulation and maintenance of peace and ensuring that the rights are not exploited by the people incognizant of the same. However, Trafficking is a penal offence, but exploiting a person who has been trafficked is also a penal offence. The judiciary of our Indian legal system has played a pivotal role in combating and fighting against the terror of human Trafficking. It ensures that the rule of law is applied evenly and everyone is held accountable to the same laws without any discrimination, be it the lawmakers and the leaders, and prevents the arbitrary use of power. Judiciary in India enjoys a very significant position since it is also the guardian of the constitution. Some of the significant landmark rulings of the judicial system for combating and preventing human Trafficking in our nation are: People's union for Democratic rights v. Union of India11: In this landmark judgement, the court held that the right against forced labour included the right to minimum wage. The Hon'ble Supreme Court defined 'forced labour' while discussing the scope of Article 23 of the constitution of India. It stated that any factor that deprives a person of this choice of alternatives and compels him to adopt one particular course of action might be regarded as a 'force'. If labour or service is compelled due to such a thing, it will be termed forced labour. When they are in no position to bargain with the employer, they would have to accept whatever is offered to them. The word force, therefore, must not only include physical and legal force but also force arising from the compulsion of economic distress, which leaves no choice of alternatives to the person in want when the remuneration provided to him is far less than the minimum wage. Bachpan Bachao Andolan v. Union of India12: In this landmark judgement, the Supreme court recognized Trafficking as an organized crime and defined it in accordance with the optional protocol of the United Nations Convention against Transnational organization crime (UNCTOC). The court also ordered a total ban on children's use in circuses. It was also held that no child should be deprived of his fundamental right given under the Constitution of India and brought to child trafficking and subjected to abuse, be it physical or emotional. Vishal jeet v. Union of India13: This landmark judgement of the Supreme court dealt with child prostitution in human Trafficking and was one of the stepping stones to the same. The supreme court gave directions for protecting and rehabilitating children sold by the pimps and brokers for the flesh trade and the ones pushed into the pits of devadasis by their families or for cultural reasons. The hon'ble court also held that the dealings of the cases of this delicate matter should also have a humanistic approach to them rather than a purely legal one. The court stated that this was not only a social but also a socio-economic problem. Therefore the measures taken should bend more towards the prevention of it rather than punitive. The court also directed the concerned law enforcement authorities to take appropriate and speedy action under the existing laws to eradicate child prostitution. Bandua Mukti Morcha v. Union of India14: This landmark judgement by the hon'ble Supreme court of India covers the rights of bonded labour. The court elucidated the rehabilitation of bonded labour and directed the Government of India to award compensation to released or rescued bonded labour under the provisions of The Bonded Labour System (Abolition) Act, 197615 After taking notes of serious violations of their basic fundamental and human rights. HOW HUMAN TRAFFICKING AFFECTS THE NATION: Human Trafficking not only hinders the growth of a developed and a developing country, but it also harms the nation's economy. It is a huge threat to the economic security of a nation. It is also a threat to a nation's national security as profits earned from this can be used to fund other illegal activities as well. The huge profits incurred from this criminal business do not add to the GDP (Gross Domestic Product) of the nation. It is a crime of exploitation where the underprivileged are getting exploited on a daily basis. It also undermines the rule of law and harms the well-being of the nation, the people living in it, and the communities. According to many reports and data published all across the globe, India is the region where Human Trafficking continues to thrive. According to one of the latest reports published in 2022, there is an estimated presence of around eight million trafficking victims in India, the majority of whom are bonded labours.16 Traffickers target the most disadvantaged sections of society, thus making them the most vulnerable ones as well. Due to the pandemic, there was a huge increase in unemployment. It created a financial burden on the economically vulnerable communities as they had to struggle daily for food, shelter and all their basic needs. The absence of work opportunities forced them to work at wages that were lower than the prescribed minimum wage by the government. Traffickers exploit millions of people in commercial sex trafficking within India on a daily basis. CONCLUSION: There needs to be an increase in the investigation, prosecutions and convictions of all forms of human Trafficking in India. We need to be more vigilant and aware of exploiting the basic human and fundamental rights of society's underprivileged and vulnerable sections. Fast-track courts should be established to address the issues of Trafficking and provide justice and compensation to the victims as soon as possible. Many victims wait years to receive government-mandated compensation. We also need to make people aware of this evil and its negative impacts on the nation. It is high time we treat everyone equally and give attention to the more vulnerable sections of society to make them less prone to fall into these traps. The government still does not meet the minimum standards to combat Trafficking in several areas. The acquittal rate of traffickers remains at 89%, which is quite concerning. Ensuring effective legislation will take time and patience, but we are moving positively towards the same. Should you have any queries, please feel free to contact us!