Abstract Submission for KMWSC & NUJS’ Conference on Anti

Human Trafficking Initiatives

DETAILS OF THE AUTHORS

Author

1. Name: Mohd Yasin

2. Institution: Faculty of Law, Jamia Millia Islamia, New Delhi
3. Designation: Student
4. Address: Johri Farm, Near Jamia Nagar, New Delhi-110025.
5. Email: yaseenk316@gmail.com
6. Contact No: +91-9648594449

Co-Author

1. Name: Anmol Chitranshi

2. Institution: Faculty of Law, Jamia Millia Islamia, New Delhi
3. Designation: Student
4. Address: Flat No. 308, Gaur Enclave- II, C- 348A, Shalimar Garden Ext. II, Sahibabad,
Ghaziabad, U.P.- 201005
5. Email: anmolchitranshi@gmail.com
6. Contact No.: +91- 9654995984

Theme:- Children in conflict with law and the trafficking apparatus.

Title:- Child Trafficking in India : A Critical Analysis

 ABSTRACT

Child Trafficking is one of the horrifying issues of human rights violation of our times. It
amounts to splinting of families, distortion of global market, undermines the rule of law, spurs
the transnational criminal activity and more importantly it snatches away a person’s freedom and
dignity. India for long has been considered the source, destination and transit country for women
and children for trafficking. A collation of information from the TIP (Trafficking in Persons)
reports over the years shows that India is not just a destination or a transit country, it also a
source country to 18 countries in Africa (Uganda, Kenya and South Africa), South Asia (Nepal,
Pakistan and Bhutan) S.E. Asia (Singapore and Malaysia), Middle East (UAE and Kuwait),
Pacific Islands (Fiji), Europe (Cyprus, Belgium, Italy, Greece, Norway, Austria, Finland).

The lack of credible data on the extent of child trafficking and commercial sexual exploitation of
children has been the biggest challenge confronting this issue. 2015 TIP report also adds that the
government of India does not fully comply with the minimum standards for the elimination of
trafficking. Many Anti-Human Trafficking Units (AHTUs), which liaise with other agencies and
refer victims to shelters, were not functioning and NGOs assessed that government victim care
services were inconsistent and inadequate for the scale of India’s trafficking problem. The
government did not report investigations, prosecutions, or convictions of government officials
complicit in human trafficking offences. Therefore, an empirical analysis of the functioning of
the present system has been disclosed in the paper.

The main legal instrument to prevent trafficking in human beings in India is the Immoral
Trafficking Prevention Act, 1956. The Act provides for the prohibition of running of brothels,
rescue and rehabilitation of victims of trafficking but does not palpably focus on the child
victims of trafficking. However, the Juvenile Justice (care and protection of children) Act, 2015
outlaws the employing a child for the purpose of begging, cruelty towards a child, forcing a child
to indulge into dangerous or hazardous work, etc. Measures and reforms have been attempted in
an affirmative manner but the statistics still remain vulnerable. The NCRB report vociferates the
preposterous condition in this regard. Incidents of human trafficking is showing a rising trend
during the period from 2009 – 2015. A total of 3,517 cases were registered in 2011, which rose
to 3,554 cases in 2012 to 3,940 cases in 2013, to 5,466 cases in 2014 and to 6,877 cases in 2015.
Moreover, the NHRC report of 2015 also revealed that one-fifth of the brothel population
consists of children.

The purpose of this paper is to give a pen picture of the magnitude of the problem of child
trafficking in India. There are many places where the government machinery does not reach due
to their isolated locations. The ambit of trafficking is increasing at an alarming rate year after
year which is a cause of concern for the government as well as for the society. The paper also
incorporates the measures which can be used to trounce the deep routed problem of Child
Prostitution. It includes the Legislative Measures, Economic and Social Policies, Border
Measures, Awareness raising measures.

Keywords: - Child Trafficking, Exploitation, Brothels, Effective Measures.