Human
Trafficking
People, nowadays, are frequently and
illegally trafficked through India for the purposes of commercial
sexual exploitation and forced/bonded labor. Some NGOs have
estimated that this problem affects around 20 to 65 million
Indians.
Men, women and children are
trafficked in India for diverse reasons:
- Women and girls are trafficked
within the country for the purposes of commercial sexual
exploitation and forced marriage, especially in those areas where
the sex ratio is highly skewed in favor of men (such as
Haryana).
- Men and boys are trafficked for the
purposes of labor and may be sexually exploited by traffickers to
serve as gigolos, massage experts, escorts, etc.
- A significant portion of children
are subjected to forced labor as factory workers, domestic
servants, beggars, and agriculture workers, and have been used as
armed combatants by some terrorist and insurgent groups.
India is also identified as a
destination for women and girls from Nepal and Bangladesh being
trafficked for the purpose of commercial sexual exploitation. It is
also found that Nepali children are trafficked to India for forced
labor in circus shows.
Indian women are trafficked to the
Middle East for commercial sexual exploitation. Indian migrants who
migrate willingly every year to the Middle East and Europe for work
as domestic servants and low-skilled laborers may also end up part
of the human trafficking industry. In such cases, workers may have
been 'recruited' by way of fraudulent recruitment practices that
lead them directly into situations of forced labor, including debt
bondage; in other cases, high debts incurred to pay recruitment
fees leave them vulnerable to exploitation by unscrupulous
employers in the destination countries, where some are subjected to
conditions of involuntary servitude, including non-payment of
wages, restrictions on movement, unlawful withholding of passports,
and physical or sexual abuse.
Steps taken by the
Government:
- Section 8 of the ITPA permits the
arrest of women in prostitution. Although statistics on arrests
under Section 8 are not kept, the government and some NGOs report
that, through sensitisation and training, police officers no longer
use this provision of the law; it is unclear whether arrests of
women in prostitution under Section 8 have actually decreased.
Because most law enforcement authorities lack formal procedures to
identify trafficking victims among women arrested for prostitution;
some victims may be arrested and punished for acts committed as a
result of being trafficked.
- Some foreign victims trafficked to
India are not subject to removal. Those who are subject to removal
are not offered legal alternatives to removal to countries in which
they may face hardship or retribution. NGOs report that some
Bengali victims of commercial sexual exploitation are pushed back
across the border without protection services. The government also
does not repatriate Nepali victims; NGOs primarily perform this
function. Many victims decline to testify against their traffickers
due to the length of proceedings and fear of retribution by
traffickers.
- The Ministry of Labor and
Employment displays full-page advertisements against child labor in
national newspapers at periodic intervals. The government has also
instituted pre-departure information sessions for domestic workers
migrating abroad on the risks of exploitation. These measures
include distinguishing between 'Emigration Check Required' (ECR)
and 'Emigration Check Not Required' (ECNR) passports. ECR passport
holders must prove to government authorities that they shall not be
exploited when travelling abroad, if they wish to travel. Many
Indian workers pay large sums of money to agents who facilitate
their emigration outside the official channels and willingly
emigrate despite the risks, drawn by the hope of higher salaries
abroad. Therefore, a dream of better future often lures the people
abroad and hence trafficking cannot entirely be prevented. India
ratified the 2000 UN TIP Protocol 2011.
- The Government of India also
launched an anti-human trafficking web portal in February 2014 that
they hope will be an effective way for interested parties to share
information about this topic.
- India's efforts to protect victims
of trafficking vary from state to state, but remain inadequate in
many places. Victims of bonded labor are entitled to ₹ 10,000 (US
$185) from the central government for rehabilitation, but this
programme is unevenly executed across the country. Government
authorities do not proactively identify and rescue bonded laborers,
so few victims receive this assistance. Although children
trafficked for forced labor may be housed in government shelters
and are entitled to₹ 20,000 ($370), the quality of many of these
homes remains poor and the disbursement of rehabilitation funds is
sporadic.
- Some states provide services to
victims of bonded labor, but non-governmental organisations provide
the majority of protection services to these victims. The central
government does not provide protection services to Indian victims
trafficked abroad for forced labor or commercial sexual
exploitation. Indian diplomatic missions in destination countries
may offer temporary shelter to nationals who have been trafficked;
once repatriated, however, neither the central government nor most
state governments offer any medical, psychological, legal, or
reintegration assistance for these victims.