A

SYNOPSIS / RESEARCH PROPOSAL

ON

HUMAN TRAFFICKING IN INDIA

SUBMITTED FOR THE PARTIAL FULLFILMENT

OF

SEMINAR PAPER III

IN

CODE S105

By

ANUBHAV YADAV

SEMESTER X, SECTION A

ROLL NUMBER: 159

UNDER THE GUIDANCE OF

MR. MRITUYNAJAY MAYANK
INTRODUCTION:-

Human trafficking is one of the most serious organised crimes in India as it occupies a unique
position to be a source, transit and destination for the crime 1. The root cause of trafficking in
India is poverty, illiteracy, lack of livelihood options, disasters and unemployment which has
rendered men, women and children vulnerable to trafficking2. Victims of trafficking are not
only men and women but also the children who are highly vulnerable and are abducted,
recruited and transferred mostly for sexual and labour exploitation. Trafficking violates
childs right and exposes them to dangers in their life. In India large numbers of children are
trafficked not only for sexual exploitation but for various form of economic exploitation such
as domestic labour, industrial labour, agricultural labour in various small, large scale
industries and construction activities3. Trafficked children are vulnerable groups who are
socially excluded and get no income or less income for their employment. They are unaware
of their rights and are exploited. Child trafficked for economic exploitation are compelled to
do hazardous work in an unhealthy condition and are excluded from right to education and
basic amenities which takes the form of forced labour.

The trafficking of Human for sexual exploitation is an international, organized, criminal

phenomenon that has grave consequences for the safety, welfare and human rights of its
victims.

Trafficking of human is a criminal phenomenon that violates basic human rights, and totally
destroying victims lives. Countries are affected in various ways. Some distinguish their
young women being lured to leave their home country and ending up in the sex industry
abroad. Other countries act mainly as transit countries, while several others receive foreign
women who become victims of sexual exploitation.

1Indias country narrative for the trafficking in persons report 2008,

http://kolkata.usconsulate.gov/usgovtreportstipind.html.

2Puja Kasyap, Human trafficking worries state government, available at -

http://articles.timesofindia.indiatimes.com/2011-06-11/patna/29647048_1_cross-border-
traffickingreintegration-and-repatriation-ngos.

3Intezar Khan, Child Trafficking in India a Concern, available

athttp://www.india.gov.in/allimpfrms/alldocs/12262.pdf.
Human trafficking, particularly trafficking in women and children has developed as an
important social subject matter of concern in many parts of the world. Although trafficking is
largely a borderless structured offence, India is becoming a source, transit point as well as a
destination for the traffickers.

The core problem is that human trafficking, being a highly private and concealed trade,
remains mostly under reported and unguided in spite of the fact that numerous international
initiatives have been taken to drive governments into action. On the other hand, the
increasing volume of human trafficking is also a reflection of the lack of political will on the
part of the states as evident in the plethora of instances to allocate insufficient resources to
fight the problem. Not only is the issue of women trafficking in India a low priority for the
law enforcement and justice delivery agencies, there is lack of synergy among various
government departments like welfare, police, women ,health, women and children etc.

Literature Review:-

The available literature on trafficking mainly consists of reports of studies, conferences and
workshops conducted by international and domestic non-governmental organisations
(NGOs). National and regional level studies are fewer in number compared to the literature
available at the state level. The recent importance accorded to trafficking on the international
agenda is responsible for the rise in the number of ongoing research studies on trafficking in
India.

Though not exhaustive, the current review explores various perspectives and debates,
positions and conclusions on trafficking in women and children. It is organised around the
major themes that emerged from the literature the definition of trafficking, the various stages
of the operation and the anti-trafficking initiatives in India while keeping in mind the
objectives of the Action Research on Trafficking in Women and Children (ARTWAC).

The Indian Constitution prohibits all forms of trafficking under Article 23. The Suppression
of the Immoral Traffic Act, 1956 (amended to the Immoral Traffic Prevention Act) was in
response to the ratification of the International Convention on Suppression of Immoral Traffic
and Exploitation of Prostitution of Others in 1950 by India. Trafficking has been an area of
concern since the early 20th century. It especially attracted attention during the 1980s. More
recently, there has been a widening of its focus. However, this was not accompanied by an
independent and sustained mass movement, against trafficking in the country (DCunha
1998). Its next study, Addressing Gender Issues in Demobilization and Reintegration
Programs (de Watteville 2002), focused on trafficked girls and women and their DDR needs.

Trafficking in women for sexual exploitation is a subset of the worldwide phenomenon of

trafficking in persons, that is not new and affects almost all countries (Zimmerman et al.,
2009, Beyrer, 2004, Raymond et al., 2002); in the increasingly interconnected but
economically disparate world, sex trafficking is recognized as one of the fastest growing,
consolidated crimes (Zimmerman et al., 2008). Nowadays, besides being a criminal act,
trafficking tends to be understood as an issue with serious public health implications as well
as a violation of human rights (Busza et al., 2004). More precisely, the concomitant human
rights abuses, the substandard living condition during servitude, and the deprivation of basic
human needs from which the victims who are trafficked are suffering, have profound health
consequences (McClain and Garrity, 2011, Phinney, 2001).

Research Question:-

How enactments and implementations of laws play a vital role in curbing the root
causes of human trafficking in India and in global scenario?

Research Methodology:-

The methodology adopted for the purpose of this research is a doctrinal method. The
doctrinal research involves the analysis of the statutes, case laws, existing secondary
information accessed from various sources, e.g. books, articles, journals, websites etc.

Objective of the Study:-

The present study comprises of the following objectives.

This paper tries to find to deliver an analytical framework for planning more effective
laws against human trafficking.
This article explores into the core reasons for human trafficking in India, both a
source and a destination of trafficking, as it continues to grow globally.
To improve systems of data collection, analysis and exchange at the national and
transnational level to increase knowledge on the scale and nature of trafficking in
human beings.
To analyse the roles and functions of the formal and voluntary agencies that were
involved in containing and combating this phenomenon.