File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Child trafficking & it's prevention

Child trafficking in India has a long history deeply rooted in social, economic, and cultural factors. While it is challenging to provide a comprehensive overview due to the complex and often clandestine nature of child trafficking, here is a brief history of child trafficking in India:

Pre-Independence Era:

Child trafficking in India existed even before its independence in 1947. During colonial rule, children were often trafficked for forced labor, sexual exploitation, and domestic servitude. The system of indentured labor, where individuals were forcibly transported to work in British colonies, also involved child trafficking.

Child trafficking in India during the pre-independence era was characterized by the exploitation and forced labor of children under the British colonial rule. It is essential to recognize that while there may not be detailed records of child trafficking as we understand it today, various forms of child exploitation and trafficking-like practices were prevalent during this period.

Here are some key aspects:
  1. Indentured Labor: The system of indentured labor was one of the significant ways in which child trafficking-like practices occurred during the colonial period. Indentured laborers, including children, were recruited from India and transported to British colonies and other parts of the world to work on plantations, mines, and other labor-intensive industries.
     
  2. Recruitment Practices: Agents were often involved in recruiting laborers, including children, from rural areas. These labor recruiters were known to use deceptive tactics, coercion, and false promises to entice individuals, including children, into indentured labor contracts.
     
  3. Conditions of Labor: Indentured laborers, including children, were subjected to harsh and exploitative working conditions in the colonies. They often worked long hours in challenging environments, and many faced physical and emotional abuse.
     
  4. Lack of Rights: Indentured laborers had limited legal rights and were bound by contractual obligations. They could not easily escape their employment or return to India, which made them vulnerable to exploitation.
     
  5. Sexual Exploitation: Some children, especially young girls, were subjected to sexual exploitation and forced into prostitution, particularly in the urban centers where British colonial presence was strong.
     
  6. Child Labor: Child labor was prevalent in various sectors, including agriculture, manufacturing, and domestic service. Children were made to work in hazardous conditions with little or no access to education or healthcare.
     
  7. Lack of Legal Protections: There were limited legal protections for children during this period. The exploitation and abuse of children, including child trafficking, often went unchecked.

It is essential to note that child trafficking during the pre-independence era was intertwined with broader issues of labor exploitation, poverty, and colonial oppression. While the concept of child trafficking as we understand it today was not formally recognized during this period, the exploitation and abuse of children were undeniable.

India's struggle for independence, which culminated in 1947, also played a role in addressing some of these issues. Post-independence, India began enacting laws and policies to protect children's rights and combat various forms of exploitation, including child trafficking.

Post-Independence Era:
After gaining independence, India enacted laws and policies to address various forms of exploitation, including child trafficking. However, economic disparities, poverty, and lack of education continued to drive child trafficking.

Child trafficking in India during the post-independence era has continued to be a significant and complex issue. Despite legislative and programmatic efforts to combat child trafficking, it persists due to a combination of factors such as poverty, lack of education, gender discrimination, and ineffective law enforcement.

Here is a detailed overview of child trafficking in India since gaining independence in 1947:
  • Exploitative Labor Practices:
    • Child labor has remained a pervasive issue in India post-independence. Children are often trafficked and forced to work in various sectors, including agriculture, construction, domestic work, and small-scale industries.
    • Children trafficked for labor are subjected to long hours of work, hazardous conditions, and meager wages. They are often deprived of education and healthcare.
  • Commercial Sexual Exploitation:
    • Child trafficking for commercial sexual exploitation is a grave concern in India. Children, primarily girls, are trafficked and forced into prostitution or other forms of sexual exploitation.
    • Many of these children are trafficked across state borders, making it challenging to track and rescue them.
  • Bonded Labor and Debt Bondage:
    • Some children are trafficked and forced into bonded labor and debt bondage. They work to pay off debts incurred by their families, often under brutal and exploitative conditions.
    • The practice of bonded labor has persisted in certain regions of India despite legal prohibitions.
  • Child Marriage:
    • Child marriage, which is often a form of child trafficking, remains prevalent in parts of India. Young girls are married off at a young age, depriving them of education and subjecting them to early motherhood.
    • Child marriage is often linked to social and economic factors and is more common in rural areas.
  • Trafficking for Adoption:
    • Illegal adoption agencies have been involved in child trafficking, where infants and young children are trafficked for adoption, both domestically and internationally. These cases often involve the falsification of documents.
  • Cross-Border Trafficking:
    • India shares borders with several countries, and cross-border trafficking of children is a significant concern. Children are trafficked into and out of India for various purposes, including labor, sexual exploitation, and child marriage.
  • Legislative and Programmatic Efforts:
    • India has enacted several laws and policies to combat child trafficking, including the Immoral Traffic (Prevention) Act, the Juvenile Justice (Care and Protection of Children) Act, and the Child Labour (Prohibition and Regulation) Act.
    • Initiatives such as the Integrated Child Protection Scheme (ICPS) aim to provide support, rehabilitation, and reintegration services for trafficked children.
  • Role of NGOs and Civil Society:
    • Non-governmental organizations (NGOs) and civil society organizations play a crucial role in raising awareness, conducting rescue operations, and providing rehabilitation and support services to trafficked children.
  • Challenges and Ongoing Concerns:
    • Child trafficking remains challenging to combat due to issues such as corruption, weak law enforcement, lack of awareness, and social acceptance of child labor and child marriage in some communities.
    • The COVID-19 pandemic has exacerbated vulnerabilities, with reports of increased child trafficking cases during lockdowns.

Addressing child trafficking in India continues to be a complex task that requires coordinated efforts from government agencies, law enforcement, NGOs, and society as a whole. While significant progress has been made, much work remains to protect the rights and well-being of India's most vulnerable children.

Child Trafficking in the 1980s and 1990s

  • During the 1980s and 1990s, there was a noticeable increase in child trafficking cases in India.
  • Factors such as urbanization, the spread of the sex trade, and increased demand for cheap labor contributed to the rise in child trafficking.
Child trafficking in India during the 1980s and 1990s:
 saw a notable increase in cases and a shift in the patterns and dynamics of child trafficking. Several factors contributed to this rise, including economic changes, urbanization, and increased demand for cheap labor.

Here is a detailed overview of child trafficking during this period:
  1. Economic Factors:
    • Economic disparities and poverty continued to be major drivers of child trafficking. Families living in poverty were more susceptible to trafficking as they were often lured by false promises of employment and a better life for their children.
  2. Demand for Cheap Labor:
    • Industries such as agriculture, construction, brick kilns, and small-scale manufacturing created a high demand for cheap and easily exploitable labor. Traffickers capitalized on this demand by recruiting children from impoverished backgrounds.
  3. Urbanization:
    • Rapid urbanization led to an influx of people into cities in search of employment opportunities. Many of these migrants, including children, were vulnerable to trafficking as they lacked social support systems and were often unfamiliar with urban environments.
  4. Child Labor in Hazardous Industries:
    • Children were trafficked to work in hazardous industries such as fireworks factories, carpet weaving, and glass blowing. These industries exposed them to dangerous working conditions and posed severe risks to their health and well-being.
  5. Bonded Labor and Debt Bondage:
    • Child trafficking for bonded labor and debt bondage continued to be prevalent. Children were often trafficked to work in agricultural fields and other industries to repay debts incurred by their families.
  6. Sexual Exploitation:
    • Child trafficking for commercial sexual exploitation also increased during this period. Girls were trafficked into urban red-light districts and subjected to sexual exploitation and forced prostitution.
  7. Trafficking Routes:
    • Trafficking routes often crossed state borders, making it challenging to track and rescue trafficked children. Many children were trafficked from rural areas to urban centers.
  8. Role of Traffickers:
    • Traffickers used various tactics to lure or coerce children and their families. These tactics included false promises of education, employment, or better living conditions.
    • Traffickers also abducted children or used physical and psychological violence to control them.
  9. Government Response:
    • The government began to take child trafficking more seriously during this period, enacting legislative measures and launching awareness campaigns.
    • Amendments were made to existing laws, such as the Immoral Traffic (Prevention) Act and the Child Labour (Prohibition and Regulation) Act, to strengthen the legal framework against child trafficking.
  10. Civil Society and NGOs:
    • Non-governmental organizations (NGOs) and civil society organizations played a vital role in raising awareness about child trafficking, conducting rescue operations, and providing rehabilitation and support services to trafficked children.

Child trafficking during the 1980s and 1990s represented a disturbing trend characterized by the vulnerability of children to exploitation in various sectors. While significant progress has been made in addressing child trafficking since then, it remains a critical issue in India that requires continued efforts in prevention, rescue, rehabilitation, and legal enforcement.

Early 2000s:
  • In the early 2000s, child trafficking began to receive more attention from both the government and non-governmental organizations (NGOs). Legislation such as the Juvenile Justice Act, 2000, and the Immoral Traffic (Prevention) Act, 1986, was amended to strengthen the legal framework against child trafficking.

    Child trafficking in India during the early 2000s continued to be a serious and multifaceted issue, despite efforts to address it through legislative measures and awareness campaigns. Several factors contributed to the persistence of child trafficking during this period, and various forms of exploitation were prevalent.

    Here is a detailed overview of child trafficking in India during the early 2000s:
    1. Legislative Framework:
    • India had enacted several laws and policies to address child trafficking, including the Immoral Traffic (Prevention) Act, the Juvenile Justice Act, and the Child Labour (Prohibition and Regulation) Act. These laws aimed to provide legal safeguards for children and address various forms of exploitation.
    2. Child Labor:
    • Child labor remained a pervasive issue during this period. Children, especially from marginalized communities, were often trafficked for work in sectors such as agriculture, manufacturing, construction, and domestic service.
    • Many children were subjected to hazardous working conditions, long hours, and meager wages, often resulting in physical and psychological harm.
    3. Commercial Sexual Exploitation:
    • Child trafficking for commercial sexual exploitation continued to be a grave concern. Young girls were trafficked into urban red-light districts and subjected to forced prostitution.
    • The trafficking of girls for sexual exploitation often involved deceptive recruitment practices and physical violence.
    4. Bonded Labor and Debt Bondage:
    • Some children were trafficked for bonded labor and debt bondage, particularly in agriculture and brick kilns. They worked to repay debts incurred by their families and often endured exploitative conditions.
    5. Cross-Border Trafficking:
    • India's proximity to neighboring countries led to cross-border trafficking, with children trafficked into and out of India for various purposes, including labor and sexual exploitation.
    • Vulnerable border regions facilitated the movement of traffickers and victims.
    6. Child Marriage:
    • Child marriage remained prevalent in some parts of India, especially in rural areas. Young girls were married off at an early age, depriving them of education and subjecting them to early motherhood.
    7. Role of Traffickers:
    • Traffickers continued to employ various tactics to lure or coerce children and their families. These tactics included false promises of employment, education, or better living conditions.
    • Traffickers also used physical and psychological violence to control and exploit children.
    8. Government and NGO Efforts:
    • The government, in collaboration with non-governmental organizations (NGOs) and civil society, continued to work on raising awareness, conducting rescue operations, and providing rehabilitation and support services to trafficked children.
    • Initiatives like the Integrated Child Protection Scheme (ICPS) aimed to provide comprehensive support for trafficked children.


Despite legislative measures and increased awareness, child trafficking persisted during the early 2000s due to a combination of poverty, lack of education, weak law enforcement, and social acceptance of child labor and child marriage in some communities. Addressing child trafficking required sustained efforts to strengthen prevention, rescue, rehabilitation, and legal enforcement measures to protect the rights and well-being of vulnerable children.

Efforts to Combat Child Trafficking:
India has implemented various initiatives to combat child trafficking, including the National Plan of Action for Children, the Integrated Child Protection Scheme (ICPS), and the National Commission for the Protection of Child Rights (NCPCR). These efforts aimed to improve child protection, rescue trafficked children, and rehabilitate victims.

Continued Challenges:
Despite legislative and programmatic efforts, child trafficking remains a significant challenge in India. Poverty, lack of education, gender discrimination, and inadequate law enforcement continue to contribute to the problem. Traffickers often exploit vulnerable children and transport them across state and international borders.

International and Cross-Border Trafficking:
India's proximity to countries like Nepal, Bangladesh, and Myanmar has made it a source, transit, and destination country for international child trafficking. Children are trafficked across borders for various purposes, including forced labor, sexual exploitation, and child marriage.

International and cross-border trafficking from India's perspective refers to the illegal movement of individuals, including adults and children, across national borders for various forms of exploitation, such as forced labor, sexual exploitation, and child marriage. India serves as both a source and destination country for international trafficking, and its proximity to neighboring countries makes it a significant hub for cross-border trafficking.

Here is a detailed explanation of international and cross-border trafficking from India's perspective:

Key Aspects of International and Cross-Border Trafficking:
  1. Source, Transit, and Destination Country:
    • India plays a multifaceted role in international trafficking. It serves as a source country where individuals are trafficked from, a transit country through which they are transported, and a destination country where they are exploited.
  2. Neighboring Countries:
    • India shares borders with several countries, including Nepal, Bangladesh, Myanmar, Bhutan, and Pakistan. These neighboring countries are both sources of trafficking victims and destinations for traffickers.
  3. Trafficking Routes:
    • Traffickers use established routes across borders to move victims. These routes are often remote and challenging to monitor and regulate. They may involve crossing rivers, forests, and mountainous terrain.
  4. Types of Trafficking:
    • Victims are trafficked for various purposes, including forced labor, sexual exploitation, child marriage, and organ trafficking. Forced labor often includes work in agriculture, construction, domestic service, and other industries.
  5. Vulnerable Groups:
    • Vulnerable populations, including women, children, and marginalized communities, are often targeted by traffickers. Children are particularly susceptible to trafficking for forced labor and sexual exploitation.
  6. Trafficking Methods:
    • Traffickers use a range of methods to recruit and transport victims. These methods include deception, abduction, coercion, and physical violence. Victims are often lured by false promises of employment, education, or a better life.
  7. Role of Traffickers:
    • Traffickers are typically part of organized criminal networks that operate across borders. They may have connections with traffickers in destination countries. Some traffickers are family members or acquaintances of the victims.
  8. Legal Framework:
    • India has enacted various laws to combat international and cross-border trafficking, including the Immoral Traffic (Prevention) Act, the Juvenile Justice Act, and the Prevention of Immoral Trafficking Act (PITA). Additionally, international conventions like the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol) guide India's efforts.

Challenges and Efforts to Address International Trafficking:
  1. Limited Border Control: Monitoring and controlling India's extensive borders are challenging, allowing traffickers to exploit vulnerable areas and clandestine routes.
  2. Corruption: Corruption among border officials and law enforcement agencies can facilitate trafficking by allowing traffickers to cross borders without scrutiny.
  3. Awareness and Education: Raising awareness and providing education about the risks of trafficking is crucial to prevent vulnerable populations from falling prey to traffickers.
  4. Collaboration with Neighboring Countries: Cooperation with neighboring countries is essential to combat cross-border trafficking effectively. Bilateral and multilateral agreements and initiatives are important in this regard.
  5. Rescue and Rehabilitation: Ensuring the safe rescue and rehabilitation of trafficking victims is a priority. Shelters and support services are essential for their physical and psychological recovery.
  6. Legal Action: Identifying and prosecuting traffickers and those involved in trafficking networks is vital for deterrence and justice for victims.

Addressing international and cross-border trafficking from India's perspective requires a comprehensive and coordinated approach involving government agencies, law enforcement, civil society organizations, and international cooperation. It also necessitates efforts to address the root causes of vulnerability, including poverty, lack of education, and social discrimination.

Modern-Day Efforts:
India continues to work on strengthening its legal and law enforcement mechanisms to combat child trafficking. NGOs and civil society organizations play a crucial role in raising awareness, providing support to victims, and advocating for stronger anti-trafficking measures. Child trafficking remains a complex and multifaceted issue in India, requiring sustained efforts at the governmental, societal, and international levels to address its root causes and provide protection and support to vulnerable children.

Provision in Indian laws to prevent child trafficking.
India has enacted various laws and provisions aimed at preventing child trafficking and protecting the rights and well-being of children. These laws address different aspects of child trafficking and exploitation. Here are some key provisions related to the prevention of child trafficking in India:
  • Immoral Traffic (Prevention) Act, 1956 (ITPA):
    • The ITPA, commonly known as the Prevention of Trafficking in Persons Act, is one of the primary laws addressing trafficking for sexual exploitation. It criminalizes various offenses related to prostitution and human trafficking.
    • The ITPA provides for the rescue and rehabilitation of victims and prescribes penalties for traffickers and brothel owners.
  • Juvenile Justice (Care and Protection of Children) Act, 2015:
    • The Juvenile Justice Act focuses on the care, protection, and rehabilitation of children, including those who are victims of trafficking.
    • It establishes Juvenile Justice Boards and Child Welfare Committees to handle cases related to child trafficking and exploitation.
  • Child Labour (Prohibition and Regulation) Act, 1986:
    • This act prohibits the employment of children below the age of 14 in hazardous occupations and regulates their working conditions in non-hazardous occupations.
    • It aims to prevent children from being trafficked for forced labor.
  • Protection of Children from Sexual Offences (POCSO) Act, 2012:
    • POCSO is specifically designed to address sexual offenses against children, including trafficking for sexual exploitation.
    • The act prescribes stringent penalties for offenders and ensures the protection and support of child victims during legal proceedings.
  • Bonded Labour System (Abolition) Act, 1976:
    • This act prohibits bonded labor and debt bondage. It aims to prevent children and adults from being trafficked for bonded labor.
    • It provides for the release, rehabilitation, and compensation of bonded laborers.
  • Prohibition of Child Marriage Act, 2006:
    • The act prohibits the solemnization of child marriages and prescribes penalties for those involved in child marriages.
    • It helps prevent children from being trafficked into early marriages.
  • National Commission for Protection of Child Rights (NCPCR):
    • The NCPCR is a statutory body established under the Commissions for Protection of Child Rights Act, 2005. It works to protect and promote the rights of children, including those vulnerable to trafficking.
    • The NCPCR monitors and ensures compliance with child protection laws and policies.
  • Integrated Child Protection Scheme (ICPS):
    • ICPS is a comprehensive program aimed at strengthening the child protection system in India. It includes measures for the prevention of child trafficking, rescue and rehabilitation of victims, and support services for children in need of care and protection.
  • International Conventions and Protocols:
    • India is a signatory to international conventions and protocols related to child trafficking, including the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol). These agreements guide India's efforts to combat trafficking and provide a framework for international cooperation.
  • State-Specific Initiatives:
    • Many Indian states have also enacted their own laws and programs to address child trafficking and exploitation, recognizing the need for localized approaches to prevention and protection.

These provisions collectively form a legal framework that addresses various aspects of child trafficking in India, from prevention and rescue to rehabilitation and legal action against offenders. However, challenges in implementation, awareness, and coordination persist, making ongoing efforts crucial to effectively combat child trafficking and protect the rights of children.

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly