Child Trafficking in India [UPSC Notes]

Several reports since the 2020 covid lockdown have pointed out that the pandemic has created another child trafficking crisis, where children have been pushed into “despair, disease and death”. In this article, you can read in depth about child trafficking in India, the reasons for it, and the legal provisions for the  IAS exam social issues segment.

Child Trafficking:

• As per the ILO, Child labor is a form of modern slavery that includes any work that deprives children of their childhood, potential and dignity, as well as their physical or mental development.
• It includes human trafficking, sexual exploitation, debt slavery and exploitation in armed conflict.
• Child trafficking takes the form of domestic work, child labor in various fields, and illegal activities such as begging, organ trafficking, and commercial sex.
• It is estimated that children make up one in  three  victims of human trafficking detected worldwide.

Read more on World Day Against Child labour.

How does India fare in Child trafficking?

• As per NCRB, eight children were trafficked per day in India  for labour, begging and sexual exploitation in 2021.
• In 2019, about 95 percent of  reported cases  were for domestic human trafficking.
• The sale of children also takes place across borders, with the main routes running from India to the countries of the Persian Gulf (“khadama” for domestic help) and Southeast Asian countries. 

Major reasons for child trafficking

• Poverty, hunger and unemployment.
• This year’s World Day Against Child Labor (June 12) highlighted social injustice, discrimination and unfair treatment based on caste and community as the root causes of child labor and human trafficking.
• External factors such as the COVID-19 pandemic, armed conflict and climate change.
• Exposure to sexual predators online.
• More than 40 percent of trafficked children  were recruited by a family member or relative.
• Because they are more sought-after for sex trafficking and domestic employment, young girls between the ages of 15 and 18 are the most vulnerable and exploited.

 Legal provisions

• The purpose of the Immoral Traffic (Prevention) Act, 1956 is to stop immoral human trafficking and sex work. It is criticized for criminalizing sex workers without providing adequate legal remedies or rehabilitation opportunities because it falsely assumes that all human trafficking is solely for sex work. 
• The Prohibition of Child Marriage Act 2006 prohibits and punishes child marriage. However,  child marriage and sexual abuse have increased during the COVID-19 pandemic.  
• The Child Labor (Prohibition and Regulation) Act 1986 and the amendment (2016) completely prohibited the employment of children under 14 years of age. Young people aged 14-18 may not  work in hazardous working conditions. 
• The Bonded Labour System (Abolition) Act 1976 prohibits labor schemes in which people, including children, work in slavery to pay their debts, and also provides a framework for the rehabilitation of freed workers. However, 22 states and UTs have not reported identifying  victims of slave labor or filing lawsuits under the law.  
• The Juvenile Justice (Care and Protection of Children) Act 2015 sets out laws relating to children who are said to be in conflict with the law. 
• The Protection of Children from Sexual Offenses Act, 2012 (POCSO) aims to prevent the commercial sexual exploitation of children.  
• The Trafficking in Persons (Prevention, Treatment and Rehabilitation) Act 2021 proposed by the MWCD details measures to prevent, protect and rehabilitate victims. Offenses are subject to certain penalties, which are divided into “commercial transactions” and “criminal transactions”. It expanded the circle of “victims” to include transgender people. 
• Penalty for trafficking minors: For trafficking one minor, sentence of 10 years to life, along with a fine. For trafficking more than one minor, the penalty is life in prison and a fine.

Anti-Human Trafficking Units (AHTUs)

• India established AHTU in 2007 to address existing gaps in  law enforcement, ensure a victim-centric approach, develop databases on traffickers, etc.
• As of 2022, there are 768 AHTUs in operation in the country; out of 36 states and 20 UTs have achieved the target of establishing units in all districts.

Concerns

• A gross underestimation of the true scale: child trafficking does not account for the number of children who go missing – 1 child goes missing every 8 minutes in India.  
• This is largely due to  lack of awareness of human trafficking methods, reluctance to seek police help, and socioeconomic deprivation.  
• Low conviction rate: less than 10% of  reported cases result in a conviction. 
• AHTU’s lack of mutual coordination and the fragmentation of state and central government functions. 
• Lack  of a witness protection framework (the victim is also a witness) and challenges in obtaining compensation.  
• The Human Trafficking Act violates the Juvenile Justice Act because it places the burden of proof on the offender (child), not the prosecutor. 
• As per 2022 Trafficking  Report: India does not fully meet the minimum standards to eradicate human trafficking, but is making significant efforts to do so. 
• India does not have a single anti-trafficking law that addresses prevention, protection, rehabilitation and survivor benefits. 

Way forward: We need community-based rehabilitation models to allow for greater agency for the individual. Review current laws to address legal gaps and raise awareness of various human trafficking crimes and design targeted child protection programs.

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