Integrated approach to curb human trafficking

The National Commission for Women has pressed the alarm bell on growing human trafficking cases in some areas of Assam. Reports of rising cases of child trafficking from tea garden areas of some districts in the state are a cause for grave concern. Legislative amendments have empowered law enforcement agencies to take tougher action against human traffickers. Strengthening of community surveillance against human trafficking is critical to supplement legal and institutional measures against human trafficking. Awareness among women and other sections of the society about human trafficking has led to more victims and their family members coming forward to register cases. Low rate of conviction, however, speaks volumes about the gaps in the criminal justice system. This calls for building awareness among police personnel and other law enforcement agencies about various legal amendments made to curb human trafficking so that stronger cases are filed against the traffickers to ensure their expeditious conviction for deterrence. Section 143 of the Bharatiya Nyaya Sanhita (BNS), 2023, defines trafficking as recruiting, transporting, harbouring, transferring, or receiving a person for exploitation using various coercive means. The section outlines severe punishments for trafficking, with higher penalties for trafficking multiple persons or children. This section provides penal provisions for strict punishment up to life imprisonment for the offence of human trafficking. The amended law also states that where an offence involves the trafficking of a child, it shall be punished with imprisonment for not less than 10 years, which may extend to imprisonment for life and a fine. It observes that beggary has been introduced as a form of exploitation for trafficking and is punishable under this section. In addition, section 144 (1) of BNS provides for strict punishment for the offence of sexual exploitation of trafficked children. The minimum punishment for such offences is five years, extendable to life imprisonment. Both these sections, which the central government describes as "crucial components of India's legal framework against human trafficking," replaced and expanded offences previously covered under Sections 370 and 370A of the Indian Penal Code, 1860. The addition of a new offence of "Organised Crime" to BNS under Section 111 that covers the crime of trafficking of persons and human trafficking for prostitution as well has armed law enforcement agencies with a stronger legal tool against organised trafficking networks. The government mandating the National Investigation Agency (NIA) to investigate cases of human trafficking having interstate, national and international ramifications has facilitated faster action against trafficking networks. The National Database of Human Trafficking Offenders (NDHTO) facilitates the law enforcement agencies' search of the trafficker's data, which provides crime history, personal details, movement, court actions, appeals, visitors, etc. The state police forces efficiently using this database can help expedite investigations and gather strong evidence for prosecution. The launching of a national-level communication platform - Crime Multi Agency Centre (Cri MAC) - by the Ministry of Home Affairs in 2020 for online sharing of information on crime and criminals on a 24x7 basis among various law-enforcing agencies and ensuring seamless flow of information between them facilitates dissemination of information about significant crimes, including human trafficking cases, across the country on a real-time basis. Leveraging this digital tool is essential to improve interstate coordination for tracking trafficking networks and prompt rescue of trafficked victims. Official data on the number of persons rescued being less than the number of persons trafficked in various states reveals a worrying picture of a large number of trafficked persons still being in the clutches of traffickers. Pursuing these cases is crucial to rescue every single victim of trafficking. Rehabilitation of trafficked victims plays the crucial role in boosting confidence of people in legal and institutional measures for curbing human trafficking and preventing them from falling prey to traffickers again. Allocation of adequate funds and support staff for the Shakti Sadan component of Mission Shakti, implemented by the Ministry of Women and Child Development to provide a home for destitute, distressed, marginalized women and those who are victims of trafficking, and also providing help, care and support and all the daily needs and services to such women, is essential to ensure that the protection and rehabilitation of trafficked victims are well managed. Equipping the Child Care Institutions under Mission Vatsalya to take care of the relief and rehabilitation needs of trafficked children with adequate funds and human resources is also crucial to help them come out of trauma and resume a secured life free from worries of trafficking and the fear of losing parental care and warmth. Communities must ensure that every child is in school, and if any child has dropped out, the community reaches out to parents and helps reintegrate the child with the education system. The government and society taking care of women and children, particularly those belonging to marginalised households, are critical to strengthening preventive measures against trafficking.