The Supreme Court on Monday criticised the Central government for failing to set up a dedicated organised crime investigation agency (OCIA) to tackle sex trafficking – a promise it had made to the court in 2015.
Human trafficking in India
- India is both a source as well as a destination country for human trafficking.
- The main source countries are Nepal, Bangladesh and Myanmar, from where women and girls are trafficked by luring them with the promise of a better life, jobs and better living conditions.
- According to the Home Ministry, 10,659 cases of human trafficking were registered in India between 2018 and 2022.
- Maharashtra has registered the highest number of cases at 1,392 in the last five years, followed by Telangana (1,301) and Andhra Pradesh (987).
Causes of Human/Sex Trafficking
- Poverty: Individuals and families living in poverty are more vulnerable to false promises of traffickers, who promise better opportunities and livelihoods.
- Lack of awareness: Low literacy levels and limited awareness make people, especially in rural areas, more vulnerable to deception and exploitation.
- Migration: Irregular migration, both domestic and international, creates opportunities for traffickers to target individuals who are cut off from their support networks. Inadequate training and corruption of law enforcement agencies add to the challenges of effectively combating trafficking.
Implications of Sex Trafficking
- Human rights violations: Victims of sex trafficking suffer severe violations of their fundamental human rights, including liberty, dignity, and bodily autonomy.
- Perpetuating inequality: Sex trafficking reinforces existing social inequalities, particularly against women and marginalised groups, which perpetuate cycles of poverty and discrimination.
- Economic costs: Trafficking undermines workforce capacity and economic development.
Constitutional safeguards in India
- Article 23: Prohibits human trafficking and forced labour.
- Article 21: Ensures the right to life and personal liberty, which has been interpreted to include the right to live with dignity.
- Article 39 (e): The State must ensure that the health and power of workers and children are not abused, and that citizens are not forced to take up employment that is not appropriate to their age or strength.
Legal protections in India
- Protection of Children from Sexual Offences (POCSO) Act, 2012: Protects children from sexual exploitation and abuse.
- Juvenile Justice (Care and Protection of Children) Act, 2015: Provides a framework for the protection, treatment and rehabilitation of children in need of care and protection.
- The National Investigation Agency (NIA) Act was amended in 2019 to extend the central agency’s jurisdiction to include human trafficking.
- Indian Penal Code (IPC), 1860: Contains provisions such as Sections 370 and 370A, which criminalise trafficking and exploitation of persons.
- Trafficking in Persons (Prevention, Protection and Rehabilitation) Bill: Although pending, this proposed legislation aims to create a more comprehensive approach to combat trafficking through prevention, protection and victim rehabilitation.
Way Forward
- Economic Empowerment: Providing sustainable livelihood opportunities and skill development programmes for vulnerable populations reduces the economic pressures that drive trafficking. • Victim rehabilitation and assistance: It is essential to develop comprehensive rehabilitation plans that provide physical, psychological and economic support for victims.
- International cooperation: Strengthening cross-border partnerships and intelligence sharing can help dismantle trafficking networks that operate internationally.