Unveiling India’s Fight Against Human Trafficking: Diya’s Insightful Advocacy

Meet Diya, a young writer and passionate advocate for social justice. In her compelling article, she takes on the daunting issue of human trafficking, shedding light on the significance of the Human Trafficking Bill. With a remarkable blend of research, empathy, and a powerful narrative, Diya explores the critical need for legislative action to combat this grave violation of human rights. Read her article below.

Human trafficking is a horrifying reality in India, where individuals are forcibly recruited, transported, and exploited for profit through deception, fraud, and coercion. This crime takes various forms, such as forced labor, bonded labor, forced marriage, organ trafficking, sexual exploitation, and child labor. Sadly, women and children are the primary victims of this pervasive problem. While the exact statistics are difficult to ascertain due to the secretive nature of trafficking, it is estimated that hundreds of thousands of men, women, and children fall prey to trafficking within and across India’s borders. As a country, India serves as a source, transit point, and destination for both domestic and cross-border trafficking.

To combat this grave issue, India has established laws within the existing Indian Penal Code that criminalize slavery, prostitution, sex work (with a focus on rescuing, rehabilitating, and providing support to sex workers), bonded labor, and child labor. These laws also aim to protect at-risk children and those who go missing. However, the existing system is fragmented, necessitating unified legislation that simplifies the laws and addresses the gaps.

In 2018, the Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill was introduced to streamline and strengthen the existing system. However, critics argued that the bill unnecessarily complicated matters. They pointed out issues such as excessive rescue raids, inadequate protection for victims, and broad provisions that could unintentionally criminalize unrelated activities. Additionally, concerns were raised about blurring the distinction between trafficking and migrant smuggling, which could lead to the unjust criminalization of vulnerable migrants. Esteemed experts, including Maria Grazia Giammarinaro and Urmila Boola, criticized the bill for prioritizing criminal law over human rights and victim-centered approaches.

Regrettably, the 2018 bill fell short in terms of clarity, with ambiguous and overly broad provisions, weakened procedural safeguards, inadequate victim protection, institutionalization instead of rehabilitation, and the inadvertent criminalization of sex workers. This led to bureaucratic complexities, inefficiency, and policy indecision due to a lack of clear responsibilities and coordination.

However, in June 2021, a new and improved version of the bill, titled the Trafficking in Persons (Prevention, Care, and Rehabilitation) Bill, was published. This comprehensive legislation seeks to combat human trafficking for sexual and physical exploitation by expanding the definition of “victims” to include women, men, children, and transgender individuals. It also broadens the scope of offenders to encompass public servants, armed forces personnel, and individuals in positions of authority. Furthermore, the bill addresses cross-border crimes, marking a significant step forward in the battle against human trafficking.

According to the bill, aggravated trafficking now carries a sentence of 10 years to life imprisonment, along with fines of up to Rs. 10 lakh. In cases where trafficking results in fatalities, the penalty is life imprisonment and a fine of Rs. 30 lakh. Crimes involving children may even warrant the death sentence.

Survivors of human trafficking, along with the Indian Leadership Forum Against Trafficking (ILFAT), are tirelessly advocating for additional relief measures beyond shelter homes. They are calling for community-based rehabilitation models that facilitate the reintegration of survivors into their communities. To support their cause, survivors have urged the government to allocate funds for inter-state investigations and Anti-Human Trafficking Units. ILFAT is also considering registering as a legal entity to enhance engagement with individuals, governments, and organizations like Niti Ayog.

The notion of treating humans as commodities to be sold or owned directly opposes the principles of humanity. Therefore, it is crucial for each and every one of us to support organizations that raise awareness and work tirelessly to put an end to this exploitation and crime. Consider donating to reputable organizations such as the Satyarthi Foundation, the Rise Foundation, the Kshamata Foundation, and others that advocate for the aforementioned bill and provide aid to survivors of human trafficking. Your financial contribution or active participation can make a real difference in their journey to eradicate human trafficking. Together, we can help these organizations build a network of cooperation across states, effectively combating this grave issue.

Let us stand united and take action against human trafficking. No contribution is too small when it comes to safeguarding human dignity and protecting the most vulnerable among us.

Diya is amongst 2500 Young ChangeMakers that have made a positive impact in their community and have worked on crucial topics impacting 6500+ young students and adults from economically weaker sections. They have gathered new skills, networked with industry experts and other ChangeWarriors, and found solutions to real-world problems, all in a few weeks!

To start your changemaking journey apply to Global Challenges & Social Justice Summer Program today.