Human trafficking is one of the gravest violations of human rights, involving the recruitment, transportation, harbouring, or receipt of persons through force, coercion, fraud, or abuse of vulnerability for purposes such as sexual exploitation, forced labour, slavery, or organ trade. It is often described as modern-day slavery and is recognized internationally as a transnational organized crime. India, due to its vast population, poverty, gender inequality, and porous borders, is both a source and destination country for trafficking. Combating this menace requires a strong legal framework backed by effective enforcement and victim rehabilitation. Over the years, India has developed multiple laws and schemes, but challenges in implementation continue to hinder their effectiveness.
The constitutional foundation against trafficking is enshrined in Article 23, which expressly prohibits traffic in human beings and forced labour. This provision, read with Article 21 guaranteeing the right to life and dignity, creates a strong human rights basis for anti-trafficking measures. Article 39(e) and (f) of the Directive Principles further obligate the State to protect children and ensure conditions of dignity. Together, these provisions establish trafficking as not just a crime but a constitutional violation requiring proactive State intervention.
The principal statutory law addressing trafficking is the Immoral Traffic (Prevention) Act, 1956 (ITPA), originally designed to curb commercial sexual exploitation. It criminalizes brothel-keeping, procuring, detaining, and exploiting persons for prostitution. However, critics argue that the ITPA has often stigmatized sex workers rather than focusing on traffickers, and its scope remains narrow as trafficking extends beyond sexual exploitation. To address this, trafficking-related offences are also covered under the Indian Penal Code. Sections 370 and 370A, inserted by the Criminal Law (Amendment) Act, 2013, define trafficking comprehensively and prescribe punishments for exploitation of trafficked persons, including minors. These provisions align Indian law with international standards by covering trafficking for labour, slavery, servitude, and organ removal, not just prostitution.
Specialized legislation further addresses specific dimensions of trafficking. The Bonded Labour System (Abolition) Act, 1976 prohibits forced labour and provides for rehabilitation of bonded labourers. The Juvenile Justice (Care and Protection of Children) Act, 2015 criminalizes sale and procurement of children for any purpose. The Transplantation of Human Organs and Tissues Act, 1994 regulates organ donation and penalizes trafficking in human organs. India is also a signatory to international conventions such as the UN Convention on Transnational Organized Crime and its Palermo Protocol, committing itself to preventive and punitive measures against trafficking.
Judicial interpretation has significantly strengthened the anti-trafficking framework. In Vishal Jeet v. Union of India (1990), the Supreme Court directed the government to take measures to eradicate child prostitution and rehabilitate victims. In Bachpan Bachao Andolan v. Union of India (2011), the Court ordered strict action against child trafficking and rescue of bonded labourers. The judiciary has consistently emphasized that combating trafficking is not only about prosecution but also about ensuring rehabilitation, dignity, and reintegration of victims. This approach reflects a shift from a punitive to a victim-centric model of justice.
Despite this elaborate framework, trafficking continues to flourish due to weak enforcement, corruption, and socio-economic vulnerabilities. Victims often remain unidentified, traffickers escape prosecution due to poor investigations, and rehabilitation measures are underfunded or poorly implemented. Coordination between different agencies is often lacking, and cross-border trafficking remains a significant challenge. Moreover, laws like ITPA have been criticized for conflating trafficking with voluntary sex work, leading to further marginalization of adult sex workers instead of focusing on coercive exploitation.
Recognizing these shortcomings, the government introduced the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill in 2018, later revised in 2021. The Bill seeks to create a comprehensive law covering prevention, investigation, prosecution, and victim rehabilitation, with specialized anti-trafficking bureaus and designated courts. However, concerns have been raised about over-criminalization, lack of clarity in definitions, and inadequate consultation with stakeholders. The absence of a finalized comprehensive law continues to leave gaps in addressing the multifaceted nature of trafficking.
In conclusion, India’s legal framework for combating human trafficking is a mix of constitutional provisions, penal laws, special statutes, and judicial activism. While these provide a strong foundation, their fragmented nature, coupled with weak enforcement, limits their impact. The road ahead requires a comprehensive, victim-centered law that integrates prevention, protection, and rehabilitation, supported by effective enforcement mechanisms and international cooperation. Only then can India fulfill its constitutional and international obligations to eradicate human trafficking and secure dignity and freedom for its most vulnerable populations.
