Why Fight Trafficking

Human Trafficking is the fastest growing crime and the second largest illegal trade in the world. Article 23 of the Constitution of India prohibits the trafficking of human beings and forced labour. Various other Indian laws and India’s ratification of several international laws also clarifies India’s stand on trafficking.

In March 2013, India passed the Criminal Law (Amendment) Act of 2013. This Act amended Section 370 of the Indian Penal Code and includes India’s first definition of human trafficking.

According to this definition, human trafficking occurs when one person (the trafficker) uses force, fraud or coercion to induce, recruit, harbor or transport another person (the victim) for the purpose of exploitation for his/her own commercial gain. It also defines exploitation as “any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.” The Act also clarifies the types of offenses that are criminalised as trafficking violations and institutes heightened sentences for perpetrators.

IJM works with the state and central government as well as with the AHTU and police to ensure justice for victims of trafficking in two distinct types of casework: Sex Trafficking and Bonded Labour.

Indian laws protecting victims of labour and sex trafficking

• The Immoral Traffic (Prevention) Act, 1956
• The Bonded Labour System (Abolition) Act, 1976
• The Child Labour (Prohibition and Regulation) Act, 1986
• The Juvenile Justice (Care and Protection) Act, 2000
• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - The Protection of Children from Sexual Offences Act, 2012
• The Indian Penal Code, 1860 (certain provisions).

International laws regarding trafficking

• Supplementary Convention on the Abolition of Slavery, Slave Trade, and Institutions and Practices Similar to Slavery, 1956
• United Nations Convention against Transnational Organized Crime, 2000 (also known as the three  Palermo Protocols)
• International Convention for the suppression of the Traffic in Women and Children, 1921
• The International Convention for the Suppression of the Traffic in Women of Full Age, 1933
• Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, 1949.
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, 2000.