Why In News?

The Supreme Court of India directed the formation of a high-level committee to create a uniform and time-sensitive Standard Operating Procedure (SOP) for combating human trafficking and tracing missing persons. 

Why Supreme Court highlight the need for Standard Operating Procedure (SOP)?

A uniform SOP is essential to address systemic failures in governance and law enforcement at the grassroots level.  

Dismal Conviction Rates: Between 2018 and 2022, India registered over 10,000 human trafficking cases, but the conviction rate for offenders remains an extremely low 4.8%. This points to flawed initial investigations and poor evidence collection. (Source: NCRB)

Rising Incidence of Exploitation: Cases under the Immoral Traffic (Prevention) Act saw increase from 1,497 in 2022 to 2,166 in 2023, highlighting the growing scale of the problem and the need for a standardized response (Source: PIB)

Inter-State Coordination Failures: Human trafficking is an organized, transnational crime where victims are moved swiftly across state borders. A lack of a pan-India SOP allows traffickers to exploit jurisdictional gaps between state police forces.

Lack of Accountability: The Supreme Court has noted the apathy of state governments, mandating that cases of missing persons must be kept active "not just on paper, but actually on the ground also" until the person is found.

What is Human Trafficking?

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (also known as the Palermo Protocol), which supplements the United Nations Convention against Transnational Organized Crime (UNTOC) defines trafficking through three pillars:

1. The Act: Recruitment, transportation, transfer, harbouring, or receipt of persons.
2. The Means: Threat or use of force, coercion, abduction, fraud, deception, or abuse of power.
3. The Purpose: Exploitation, which includes at a minimum the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the removal of organs.

In India, the specific criminal definition was updated through the Criminal Law (Amendment) Act, 2013, following the recommendations of the Justice Verma Committee.

• Section 370 of the IPC (now Section 143 of the Bharatiya Nyaya Sanhita, 2023): Defines trafficking similarly to the Palermo Protocol, emphasizing that the consent of the victim is immaterial if any of the "means" (like coercion or deception) are used.

Why Trafficking Persists?

Push Factors (Supply Side)

Poverty and Economic Despair: Chronic poverty remains the primary driver. Families in debt bondage often fall prey to traffickers promising lucrative jobs.

Climate Change and Disasters: Migration forced by environmental degradation or natural disasters creates vulnerable populations. 

• The World Bank's Groundswell Report warns that climate change could force 216 million people to move within their countries by 2050, increasing trafficking risks.

Lack of Education: High illiteracy rates prevent individuals from understanding formal labor contracts, making them susceptible to deception.

Pull Factors (Demand Side)

Cheap Labour Demand: Industries like brick kilns, agriculture, and garments often seek unregulated, low-cost labour to maximize profits.

The "Hidden" Sex Industry: High demand for commercial sexual exploitation fuels the trafficking of women and minors from neighboring countries like Nepal and Bangladesh.

Emerging Challenges

Traffickers are increasingly using technology for their operations. This includes cyber-trafficking, online grooming through social media, and luring victims into "scam compounds."  

The UNODC 2022 Global Report identifies "Cyber-Trafficking" as a burgeoning threat.

• Recruitment via Social Media: Traffickers use "fishing" (broad advertisements) and "hunting" (targeted grooming) on platforms like Facebook and Instagram to lure victims.
• Financial Untraceability: The use of cryptocurrencies for transactions in the "Dark Web" makes it difficult for law enforcement to follow the money trail.

Framework in India to address Human Trafficking 

Constitutional Safeguards

Article 23: Prohibits trafficking and forced labour.

Article 24: Prohibits child labour in hazardous factories.

Article 39 (e) & (f): Directive Principles (DPSP) mandate the state to ensure that the health and strength of workers and children are not abused (Source: Constitution of India).

Statutory Framework

The Immoral Traffic (Prevention) Act, 1956 (ITPA): The primary law for officiating the suppression of commercial sexual exploitation.

The Bonded Labour System (Abolition) Act, 1976: Aimed at ending the practice of debt bondage.

The Protection of Children from Sexual Offences (POCSO) Act, 2012: Provides a stringent legal framework for protecting children from sexual abuse and trafficking.

The Child Labour (Prohibition and Regulation) Amendment Act, 2016: Completely prohibits the employment of children below 14 years.

Institutional Mechanisms

Anti-Human Trafficking Units (AHTUs): These are specialized police units established in districts. The Ministry of Home Affairs (MHA) has provided funding to set up AHTUs in nearly all districts.

National Investigative Agency (NIA): Under the NIA (Amendment) Act, 2019, the NIA is empowered to investigate human trafficking cases with transnational or inter-state links.

Government Schemes for Rehabilitation

Ujjawala Scheme: A comprehensive scheme for prevention of trafficking and rescue, rehabilitation, and re-integration of victims of trafficking for commercial sexual exploitation.

Swadhar Greh: Provides primary need shelter, food, clothing, and medical treatment to women in difficult circumstances, including trafficked victims.

Mission Shakti (Sambal & Samarthya): An umbrella scheme that integrates various women's safety and empowerment programs, including those for trafficked survivors.

TrackChild & Khoya-Paya Portals: Digital platforms to track missing and found children, directly aiding in the recovery of trafficked minors.

Pending Legislation: Trafficking in Persons (Prevention, Care and Rehabilitation) Bill

The proposed Bill aims to address the loopholes in the ITPA 1956. Key features include:

• Widening the Scope: Includes trafficking for organ harvesting, forced marriage, and forced surrogacy.
• National Anti-Human Trafficking Committee: To coordinate between various departments.
• Asset Confiscation: Provisions to seize the properties of traffickers, treating the crime as "organized crime".

International Cooperation

Trafficking is a cross-border crime. India has signed several Bilateral Memorandums of Understanding (MoUs):

• India-Bangladesh MoU (2015): On prevention of human trafficking, especially in women and children.
• SAARC Convention: India is a signatory to the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution.

Way Forward

To eliminate trafficking, a shift from a "police-centric" to a "victim-centric" approach is required.

• Strengthening Community Vigilance: Empowering Village Child Protection Committees (VCPCs) and Panchayati Raj Institutions to identify missing persons early.
• Sensitization of the Judiciary and Police: Implementing the Standard Operating Procedures (SOPs) developed by the MHA for investigating trafficking cases.
• Economic Empowerment: Linking survivors with the Mudra Yojana or Skill India Mission to prevent re-trafficking.
• Data Integration: Creating a unified national database of traffickers and victims to facilitate inter-state coordination.

Learn Lessons from Global Best Practice

Conclusion

Ending human trafficking in India requires a multi-dimensional approach that integrates the strict enforcement of the Bharatiya Nyaya Sanhita with the early passage of the Trafficking in Persons Bill, focusing on the seamless execution of the Rescue, Rehabilitation, and Reintegration pillars to achieve SDG Target 8.7 by 2030.  

Source: THEHINDU