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TOPIC- CHILD TRAFFICKING

SUBMITTED TO :- SUBMITTED BY:-

DR. ANJU BENIWAL PRABHAT YADAV

ASSISTANT PROFESSOR ( LAW) LL.M. (1st SEMESTER)

ROLL NO.- 191043

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INDEX
Sr. Name Page
No. No.
1. Introduction 3-4
2. Types of Child Trafficking 4-5
3. Causes 5-7
4. Figures in India 7-8
5. How can child trafficking be 8-11
prevented in India
6. Legal Framework 11-16
7. Solutions 16-18
8. Conclusion 18

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CHILD TRAFFICKING

INTRODUCTION:- The traffic or trade of children is characterized


by the recruitment, transport, transfer, and housing of any person by
different methods. It may also involve resorting to force or any other
forms of restraint, through kidnapping, deceit, fraud, as well as the abuse
of authority. Offering, accepting payments, or benefits for obtaining the
consent of the victim (or person having authority over the victim) are
also illicit acts that contribute to child trafficking.
Child trafficking has no universal definition, though many legal
instruments mention it. One of these is the Convention on the Rights of
the Child of 1989, which refers to child trafficking in Article 11 line 1,
stipulating that “illicit transfer and non-return of children” is forbidden.
Traffickers organize themselves via large international networks,
which engage in many activities, such as drug trafficking or prostitution.
Conditioned to obey through physical and psychological violence,
children are often kept in foreign places. Linguistic and geographic
isolation strengthens the grip that traffickers have on their victims who
are unable to escape.
India has a high volume of Child trafficking. There have
been many cases where children just disappear overnight, as many as
one every eight minutes, according to the National Crime Records
Bureau. In some cases, children are taken from their homes to be bought
and sold in the market. In other cases, children are tricked into the hands

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of traffickers by being presented an opportunity for a job, when in
reality, upon arrival they become enslaved. In India, there is a large
number of children trafficked for various reasons such as labour,
begging, and sexual exploitation. Because of the nature of this crime; it
is hard to track; and due to the poor enforcement of laws, it is difficult to
prevent. Because of this, it is impossible to have exact figures regarding
this issue. India is a prime area for child traffickin2g to occur, as many
of those trafficked are from, travel through or destined to go to India.
Though most of the trafficking occurs within the country, there is also a
significant number of children trafficked from Nepal and Bangladesh.
There are many different causes that lead to child trafficking, with the
primary reason being poverty and weak law enforcement. The traffickers
that take advantage of children can be from another area in India, or
could even know the child personally. Children who return home after
being trafficked often face shame from their communities, rather than
being welcomed home.

TYPES OF CHILD TRAFFICKING:-


Traffickers often groom children, families and
communities to gain their trust. They may also threaten families with
violence or threats. Traffickers often promise children and families that
they'll have a better future elsewhere.
Trafficking is also an economic crime. Traffickers may ask
families for money for providing documents or transport and they'll
make a profit from money a child "earns" through exploitation, forced
labour or crime. They'll often be told this money is to pay off a debt they
or their family "owe" to the traffickers.
Traffickers may:
 work alone or in small groups, recruiting a small number of
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children, often from areas they know and live in
 be medium-sized groups who recruit, move and exploit children
and young people on a small scale
 be large criminal networks that operate internationally with high-
level corruption, money laundering and a large numbers of victims.

CAUSES:-
There are many explanations for child trafficking:
1. Poverty:-
Poverty is one of the main causes of child trafficking. Poor families
sometimes have no choice but to abandon their children, leaving them in
the hands of traffickers. Poverty also causes a large increase in the
number of street children and orphans. Vulnerable and fending for
themselves, they become the ideal victims for traffickers who don’t
hesitate in their promise of better living and working conditions in
another country. Unfortunately, the reality is entirely different.
2. Humanitarian Crises
Child trafficking is particularly prominent in areas struck by natural
disasters. Notably, such was the case after the earthquake in Haiti in
2010. Traffickers profited from the situation by kidnapping numerous
children.
It can be observed that child trafficking is more frequent in countries
where human rights are being violated.
3. Lack of Education
Illiteracy and the lack of education make families more vulnerable to
traffickers.

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4. Absence of Birth Registration
The most threatened children are those whose births were never
registered. Each year, 40 million children are born without being
officially declared, which constitutes a violation of the Right to Identity.
5. Lucrative Activity
Child trafficking is an extremely lucrative. For example, a Serbian
woman sold her child, a minor, for 2900 Euros to Croatian traffickers.
This trafficking is so profitable that there is an increase in
intermediaries, drawn to the easy gain.
6. Insufficient or Unenforced Legislation
Child traffickers generally run few risks because laws are insufficient or
often unenforced. Also to be noted is the absence of criminal provisions
against child trafficking in the domestic laws of many countries.
7. International Adoption
International adoption is more and more solicited by couples. Traffickers
and dishonest adoption agencies don’t have much trouble finding
potential clients.
According to UNICEF, the number of infants and children
from Guatemala sold to couples wishing to adopt in the United States
and Europe is between 1000 and 1500 per year. While mothers receive
30 dollars for a child, couples spend between 15,000 and 20,000 dollars
to adopt.
8. Use of Children
Children are sold for the purposes of sexual exploitation, begging,
soliciting, or for forced marriages. They risk themselves in construction
work, working in factories, or are employed as domestic servants.
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Children are given for a substantial sum of money to parents waiting to
adopt.
The sale of child organs is more and more frequent. To escape their
living conditions, some children are ready to sell one of their kidneys for
money.
The sale of organs represents between 5% and 10% of kidney transplants
performed in the world each year.1

FIGURES IN INDIA:-
 In 1998, between 5,000 and 7,000 Nepalese girls, some barely 9–
10 years old were trafficked into the red light districts in Indian
cities, and 200,000 to over 250,000 Nepalese women and girls
were already in Indian brothels.
 According to UNICEF, 12.6 million children are engaged in
hazardous occupations.
 In 2009, it was estimated 1.2 million children are trafficked
worldwide for sexual exploitation, including for prostitution or the
production of sexually abusive images.
 Only 10% of human trafficking in India is international, while
almost 90% is interstate.
 According to a report by the National Human Rights Commission
of India, 40,000 children are abducted each year, leaving 11,000
untraced.
 NGO's estimate that 12,000-50,000 women and children are
trafficked into the country annually from neighboring states for the
sex trade.
 There is an estimated 300,000 child beggars in India.
 Every year, 44,000 children fall into the clutches of the gangs.

1
https://www.humanium.org/en/child-trafficking/
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 In 2015, in India only 4,203 human trafficking cases were
investigated.
 In 2014, 76% of people trafficked in India were women and girls.
 Children make up roughly 40% of prostitutes.
 It is estimated that over 2 million women and children are
trafficked for sex into the red-light districts in India.
 The Indian Government estimates that girls make up the majority
of children in sex trafficking.
 According to the CBI (Central Bureau of Investigation) reports of
2009, there are an estimated 1.2 million children involved in
prostitution in India.2

HOW CAN CHILD TRAFFICKING BE PREVENTED IN


INDIA:-
Two lakh people are trafficked in India every year. India is the hub of
human trafficking and a point of transit, destination and source of human
trafficking victims, who are sent to Nepal, Bangladesh, and into a bigger
trafficking circuit. The response must not only come from Indian and
international governments, but also from within Indian communities,
which can be strengthened to fight back the lure of easy money from
child trafficking.
Here are some critical measures to prevent this social evil in India.
1. Foster the spread of education
India has the world's biggest education system, yet sees low literacy due
to poor enrolment and high dropout rates - resulting in people having

https://en.wikipedia.org/wiki/Child_trafficking_
in_India
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low self-esteem and lack of opportunities. Uneducated parents are easily
convinced by conmen to give them a better life in the city (a very
common ruse for trafficking). Educated children and their families are
much more aware, alert and mature, and they can comprehend the risks
of child trafficking quite well. Compassionate and understanding
teachers guide children and parents to find opportunities for higher
growth and employment, creating a community driven by ambition
where traffickers cannot thrive.
2. Spread awareness among parents and communities
Lack of awareness can create situations that traffickers can exploit. A lot
of India’s poor children find themselves trapped in substance abuse
which can further lead to them getting trafficked. Educated communities
are capable of understanding, and effectively responding to the various
ways traffickers source children. Aware of their rights as Indian citizens,
and opportunities for growth, education, employment, and enterprise,
these communities can stand strong. Community events, using sports,
arts and theatre are being used by civil society to educate communities
about vital services as well as opportunities they can explore. Grassroot
activism assists communities to fight poverty and exploitation, the basis
of trafficking. NGOs like Save the Children are empowering
communities by creating income resources, educational resources, and
enabling them to get access to information services.
3. Strict laws in place to prevent child trafficking
Effective policymaking is critical to reform. NGOs like Save the
Children constantly research, document, and showcase findings of the
need for reforms and engage with various government agencies, urging
them to have better legislation in place for tackling child trafficking.
Many cases have been filed under the recent Protection of Children

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Against Sexual Offences Act (2012) and Immoral Traffic (Prevention)
Act, which have successfully translated in increased convictions,
demonstrating how legislating can curb child trafficking.
4. Encouraging business to not use child labour
An ecosystem for child trafficking gets silent approval when demand for
child labour is commonly used in businesses like retail, hospitality, etc.
NGOs have established a dialogue to sensitise trade organisations to end
this social evil that will save them a few rupees. At the same time, locals
have been made vigilant to report instances of child labour at businesses,
so that it is actively discouraged.
5. Why you must support an NGO like Save the Children in the
fight against trafficking
Education initiatives:
i. Creates Inclusive Learner Friendly Environments’ in intervention
schools in slums and villages
ii. Maps of out-of-school children and works for their movement into
schools.
iii. Made it possible for families with limited means to send their
children to school and provide admissions assistance
iv. Promoting use of child-friendly and interactive teaching-learning
methods
v. Forming Children Groups wherein children are empowered to speak
and stand up for their rights
Fighting child trafficking and child labour
Along with a lasting dialogue with vulnerable communities, the NGO

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has made outreach to state and national level governance to address
child trafficking, including working with Police departments of states.
Save The Children has successfully withdrawn 50,000 child domestic
workers from domestic help, and in 2015 rescued 9337 children from
child labour.
Child safety
The NGO regularly creates safe spaces and provisions education
supplies to enable children to continue with their schooling after
disasters, and stay safe from traffickers who prey on their vulnerability.
Donate to NGO today to contribute your bit in making India’s
vulnerable children safe.3

Legal Framework:-
India has wide range of laws enacted by the Parliament and some State
legislature, apart from provisions of the Constitution which is the basic
law of the country.
Constitution of India
Article 23- Protects against exploitation, prohibits traffic in humans and
beggar and makes this practice punishable under law.
Article 24- Protects children below age 14 from working in factories,
mines or other hazardous employment.
Indian Penal Code
There are around 25 provisions for trafficking but some of the

3 https://www.savethechildren.in/resource-
centre/articles/how-can-child-trafficking-be-
prevented-in-india
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significant among them are as below-
Section 366A- Inducing any minor girl under the age of eighteen years
to go to any such place with intent to forced or seduced illicit intercourse
with another person shall be a punishable offence.
Section 366B- Importing any girl under twenty-one years with the intent
that she will be, forced or seduced to illicit intercourse with another
person is a punishable offence.
Section 374- Punishes any person who for unlawfully compels any
person to labour against his will.
Immoral Traffic (Prevention) Act 1956
The Immoral Traffic (Prevention) Act, 1956 is the primary legislation
for the prevention of sexual exploitation for women and girls. The word
“Trafficking” is defined only by the Goa Children’s Act, 2003, which is
a state law. Thus, while the ITPA is the main legislation related to the
commercial sexual exploitation of children, it does not define
trafficking.
Offences specified are:
 Keeping a brother or allowing premises to be used as a brothel
 Living on the earnings of prostitution
 Attempting, procuring or taking person for the sake of
prostitution
 Detaining any person in premises for prostitution
 Prostitution in the vicinity of public places
 Seduction of a person in custody

Child Labour (Prohibition and Regulation) Act, 1986

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The Act prohibits employment of children below specific age and in
certain specified occupations. It also imposes punishment for the
employment of minor children.
Information Technology Act, 2000
The act penalises transmission of any such material in electronic form
which is inappropriate and lascivious. This act also addresses the
problem of pornography.
Section 67A- Punishes publication or transmission of material
containing sexually explicit act in electronic form.
Section 68B- Punishes publication or transmission of material depicting
children in sexual explicit act in electronic form.
Juvenile Justice (Care and Protection of Children) Act, 2000
The law is relevant for children who are vulnerable and are therefore
likely to be the victim of trafficking. It protects juveniles in need of care
and protection.
Karnataka Devadasi (Prohibition of Dedication) Act, 1982
Act of dedication of any girl with or without consent of the dedicated
persons engaging her in prostitution is unlawful and punishable.
Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989
This law prohibits any ceremony dedicated as Devadasi in any manner
and imposes a penalty of imprisonment for three years and fine.
Goa Children’s Act, 2003
This act is defined precisely in Trafficking. It includes every type of
sexual exploitation in the definition of sexual assault. Manager and
owner of the establishment are responsible for the safety of minors or
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children in hotel premises. There are strict laws on about the safety of
children and publishing pornographic materials.
Protection of Children from Sexual offences (POCSO) Act, 2012,
which has come into effect from 14th November, 2012 is a special law
to protect children from sexual abuse and exploitation. It provides
precise definitions for different forms of sexual abuse, including
penetrative and non-penetrative sexual assault, sexual harassment.
There are other specific legislations enacted relating to trafficking in
children Prohibition of Child Marriage Act, 2006, Bonded Labour
System (Abolition) Act, 1976, Child Labour (Prohibition and
Regulation) Act, 1986, Transplantation of Human Organs Act, 1994,
apart from specific Sections in the IPC, e.g. Sections 372 and 373
dealing with selling and buying of girls for the purpose of prostitution.
State Governments have also enacted specific legislations to deal with
the issue. (e.g. The Punjab Prevention of Human Smuggling Act, 2012)
International Instruments
A list of Conventions and contents to eliminate the children’s sexual
abuse-
 The Convention on Consent to Marriage, Minimum Age for
Marriage and Registration for Marriages- Convention enforced
with effect from 9th December 1964
 The United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (Beijing Rules) 1985, adopted
by the United Nations General Assembly in November 1985.
 The Convention on the Rights of the Child (CRC), 1989 adopted
on 2nd Sep 1990 (India ratified in November 1992)
 United Nations Guidelines for the Prevention of Juvenile

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Delinquency (The Riyadh Guidelines), 1990, adopted by the
General Assembly in December 1990, complement the previously
adopted Beijing Rules.
 The Declaration on the Elimination of Violence Against Women,
1993
 The International Convention concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child
Labour (ILO Convention 182), 1999- Convention enforced with
effect from 19th November 2000.
 The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children (Trafficking Protocol),
2001.
 The Optional Protocol on the sale of children, Child prostitution
and child pornography, 2000- UN adopted on 18th January 2002.
Regional Instruments- (SAARC Conventions)
At regional (South Asia level) we are signatory of two/instruments,
dealing with the sexual exploitation. Those instruments are :
(1) SAARC Convention on Preventing and Combating Trafficking in
Women and Children for Prostitution, 2002; and
(2) SAARC Convention on Regional Arrangements for the promotion
of Child welfare in South Asia, 2002
Judicial view on child trafficking
Since India has signed the Optional Protocol to Prevent, Suppress and
Punish Trafficking in Persons especially Women and Children, the
definition in the protocol should apply until a definition has been
introduced into local legislation. The Hon’ble Supreme Court in two of
its leading judgements held that International Treaties/Conventions to
which the state is a party to apply around the country in the absence of
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domestic legislation to that effect or to file contrary. Under Article 14 of
the Constitution, the judgement of the SC is applicable, it can be argued
that these international definitions should be applied locally, but the
practice is otherwise. Unfortunately, this definition has not yet been
accepted by Indian courts.
USA, Federal has awarded over $1,00,000 to victims of Human
Trafficking. As on April 30, 2004, the pending 152 trafficking
investigation was more than twice the number open in January 2001.4

SOLUTIONS:-
Today, many solutions are possible to put an end to child trafficking:
Awareness
Awareness campaigns through television and radio as well as
educational workshops must be carried out to limit this scourge. Access
to information is crucial, and families must know the risks involved in
trafficking.
Strengthening the Law Enforcement System
Countries must create and enforce laws aiming to fight against
trafficking. International legal instruments relating to child trafficking
are forgotten and often poorly enforced by national governments. The
more punishments incurred for trafficking, the more traffickers will
hesitate before acting
Observance and Cooperation
It is important that militaries effectively control and observe their
borders in order to ensure effective prevention. Effective international

4
https://blog.ipleaders.in/human-trafficking/
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cooperation is also important: child trafficking networks often extend
well beyond the borders of a country.
Prevention of Trafficking
The human trafficking can be prevented by several types of intervention.
It needs to focus on areas of sensitization and awareness in public and
with those vulnerable areas which are responsible for creating such an
environment for human trafficking.
Roles of State
A compulsory high-quality education, income generation and
employment opportunities should be created.
Promote high-quality programmes for teachers in government schools.
A preventive measure by different nations should be shared among each
other to help both the countries in preventing trafficking.
NGOs
The community should keep a vigilant watch on the movement of child
victims of the area of traffickers.
They should educate and ensure to make parents are aware about the
safe migration practice.
Media
Media has a very important role due to major viewership.
Transmitting the appropriate message to the victim to ensure that they
have a backup and are not alone.
A programme to make citizens aware of places and institutions to seek
help in case if they are victimised.

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Educate and spread awareness that human trafficking is illegal and
inappropriate and that it has negative consequences.

CONCLUSION:-
Through a joint effort of civil society and government in Child
Education, Health & Nutrition, Child Protection, Humanitarian
Response, lakhs of children have found hope. Relationships with
Government, national and international bodies make child rights NGOs
like Save the Children a driving force in resolving such issues. Child
trafficking is a major social menace and the best way to deal with it is
through following the “prevention is better than cure” approach.

(END)

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