Child Trafficking in India

Why in the News?

According to a study titled, “Child trafficking Report in India”, the instances of child trafficking has increased in India post-pandemic.

Key highlights of the report:

      1.      Uttar Pradesh, Bihar and Andhra Pradesh topped the list of child trafficking in India between 2016 and 2022.

      2.      Jaipur city has become the hotbed of child trafficking in the country.

      3.      Around 80% of the rescued children fall within the age group of 13-18 years.

      4.      Increase in cases registered post-pandemic across almost all the states.

Child Trafficking in India:

Child Trafficking entails the practice of illegal procuring, recruitment, transportation, transfer, receipt, or harbouring of children less than 18 years of age, for the purpose of sexual exploitation, forced labour, forced marriage, organ harvesting, and for all purposes where they can be used illegally, either within or outside the country.

Intention behind trafficking:

      1.      Domestic labour

      2.      Slavery

      3.      Sexual exploitation for forced Prostitution, sex tourism and Pornography.

      4.      Drug Couriering and smuggling

      5.      Organ trade

Reasons for child trafficking:

      1.      Lack of employment opportunities

      2.      Poverty

      3.      Lack of awareness of rights

      4.      Illiteracy

      5.      The status of girl child

      6.      Improper legislation

      7.      Weak law enforcement machinery

      8.      The Caste factor involved (61% of commercial sex workers are basically from lower backward classes).

Safeguards against Child Trafficking:

      1.      Constitutional Provisions:

a.      Article 23 of the Indian Constitution prohibits the trafficking of human beings and forced labour.

b.      Article 24 –Prohibition of Employment of Children in Factories

      2.      Legal provisions safeguarding children from Traffickers:

a.      Apprentices Act 1961

b.      Prohibits the apprenticeship or training of children under the age of 14 years and for other minors and requires a contract between the employer and the guardian.

c.      The Child Labour (Prohibition and Regulation) Act 1986

d.     Prohibits the engagement of children in hazardous employment that can affect the child mentally and physically.

e.      It also regulates the conditions of work of children in other employment.

f.        Section 360 to Section 374 of IPC:

g.     Provisions relating to prohibition of kidnapping, abduction, procuration, importation of minor girls for sexual intercourse, selling and buying of girls, slavery and acts of forced labour.

      3.      Judicial Precedents:

a.       People’s Union for Democratic Rights v. Union of India

·       Minimum wage if not paid to those workmen employed by the contractors is equal to forced labour and hence violates Article 23 of India Constitution 

b.       Laxmi Kant Pandey v. Union of India

·       In the case of inter-country adoption of child, great emphasis is placed on giving child to foreign parents. Therefore, the court laid down the procedures to check and monitor adoptions within the country so that children don’t get trafficked in the end.

c.       M.C Mehta v. State of Tamil Nadu

·        The verdictlayouts the direction to prohibit child labour in hazardous conditions.

National Commission for the Protection of Child Rights:

1.     The Commission for Protection of Child Rights Act (CPCR), 2005 provided for the constitution of the National Commission for the protection of Child Rights which is mandated to function for the protection and promotion of child rights.

2.      The Commission makes inquiry into the complaint and take sue moto notice of matters relating to-

·         Deprivation and violation of child rights.

·         non-implementation of the laws providing for the protection and development of children

·         Non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring the welfare of the children and provides relief to such children.

International laws against child trafficking:

      1.      International Convention for the Suppression of the Traffic in Women and Children (1921)

·       Article 7 of the convention urged the governments to take legislative and administrative measures to stop the trafficking of women and children in connection to immigration and emigration

      2.      The Universal Declaration of Human Rights (1948)

·       It includes all the inalienable rights of a human being on this earth. These are natural rights which although are not legally binding, prove to be very important and their violation can lead to a slew of legal consequences.

      3.      The Convention on the Rights of the Child (1989)

·       Article 35 of the convention states that the government should make sure that no child in their territory is abducted, sold or trafficked.

·       Article 39 which talks about special measures to help the children recover psychologically and physically and not be bound by their trauma.