Premium
This is an archive article published on August 3, 2012

Over 1 lakh kids missing: UN report says India needs better defined trafficking laws

Trafficking is prohibited by the constitution of India.

Trafficking is prohibited by the constitution of India. Yet,India is a source,destination and transit country for human trafficking primarily for commercial sexual exploitation and forced labour. False marriages are also becoming a pull factor for trafficking women and girls according to a United Nations report,2011,titled ‘Responses to human trafficking in Bangladesh,Nepal,India and Sri Lanka’.

In a recently held colloquium on human trafficking held in Chandigarh,U Sarathchandran,member secretary of National Legal Services Authority,informed,“There are more than 1 lakh missing children in India,who might have been trafficked and about 80 per cent of the trafficked population in India are minors”.

The UN report,in this regard,discusses concerns on trafficking in India,laws related to it and some key recommendations for all four countries. It mentions that cross-border trafficking from Nepal and Bangladesh to

Story continues below this ad

India is rampant and is difficult to identify. This is especially true in case of Nepal as India has an open border policy with the country. There are fourteen legal entry points between these two countries but illegal entry is also easily possible.

In many cases,the report points out that,the migration is initially voluntary,which later turns out to be a case of trafficking. A 2010 Trafficking in Persons Report,released by the government of United States of America,provides evidence of NGOs in North East India,luring girls with promises of lucrative jobs and then forcing them into prostitution and forced marriages. The report also mentions that trafficking into states like Haryana is more common due to the high demand for brides because of the low sex ratio caused by sex selective abortions.

The Indian constitution provides safeguards against trafficking through the fundamental rights,which are enforceable by law,as well as the directive principles of state policy,which are non-justiciable. The Immoral Traffic Prevention Act,1956,specifically,addresses human trafficking. There are other legal provisions related to bonded labour,child labour,juvenile justice and protection of scheduled castes and scheduled tribes,which touch upon the issue. However,“trafficking” is not defined anywhere in the Indian legal system,which leaves much scope for multiple interpretations.

According to the UN report,there are many loopholes in the legal framework of trafficking in India. It mentions that there is lack of comprehensive definition of ‘trafficking’ and of ‘child’ ,in terms of age. There is also a lack of gender sensitivity towards women as they are most affected. Also,cooperation mechanisms are ad hoc or non-existent in relation to cross-border trafficking. The provisions for victims are also not proper,with limited rehabilitation facilities and financial support available,according to the report. It goes on to mention that training of government personnel and community awareness programmes are sporadic. Also,though India is a signatory of some international protocols against trafficking,its provisions are not duly followed.

Story continues below this ad

The UN report provides some key recommendations with respect to prosecution,protection and prevention guidelines. It states that definitions related to human trafficking should be made clear and more sensitive laws should be made concerning women and children. Trafficking should be seen as an organised crime in criminal procedures and related laws. A clear line needs to be drawn between trafficker and victim and better legal,financial and social provisions should be made for the protection and rehabilitation of victims.

The report states that India must also ensure that major international conventions and protocols are ratified and their provisions are strictly followed.

Stay updated with the latest - Click here to follow us on Instagram

Latest Comment
Post Comment
Read Comments
Advertisement
Loading Taboola...
Advertisement