PROJECT SUBMISSION

PROJECTS AND PRESENTATION

TOPIC- “A Need for Reformative step in Human Trafficking System in India”

Submitted by,

NAME- Manas Bahuguna

STD- Vth Year

COURSE- BBA-LLB

PRN No- 14010322010

Of

Symbiosis Law School, Hyderabad

Symbiosis International University, Pune

In

March, 2019.

Under the guidance of

Dr Sukhvinder Singh Dari Sir

Officiating Director,

Symbiosis Law School, Hyderabad

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 CERTIFICATE

The project entitled “A Need for Reformative Step in Human Trafficking system in India”
submitted to the Symbiosis Law School, Hyderabad for Projects and Presentation as part of
Internal Assessment is based on my original work carried out under the guidance of Dr
Sukhvinder Singh Dari Sir from 4th February 2019 to 4th March 2019.

The Research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the research paper has been duly
acknowledged.

I understand that I myself would be held responsible and accountable for plagiarism, if any,
detected later on.

Signature of the Candidate:

Date:

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 ACKNOWLEDGEMENT

I would like to express my sincere gratitude towards our Projects and Presentation Professor, Dr
Sukhvinder Singh Dari Sir, who has motivated and helped me to complete the research paper, in
proper format. It was only due to his support, I was able to complete the research project with
proper format and in due time. He gave the proper format of research paper, due to which I am
able to complete the research paper on time.

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 ABSTRACT
India is an source , destination, and transit country for trafficking for many objectives as one of
the reason is for commercial sexual exploitation.NGOs have an estimation that 12,000-15,000
women and children are being trafficked into the nation annually from neighboring states for sex
trade, thousand of girls are being trafficked from Bangladesh and Nepal. Andhra Pradesh,
Karnataka, West Bengal and Tamil Nadu have the largest number of people being trafficked.
However, Intra state/Inter district trafficking is high in Rajasthan , Assam, Meghalaya, Bihar,
Uttar Pradesh, Andhra Pradesh, Karnataka, Tamil Nadu, Maharashtra, Delhi and Goa are major
receiver states for human trafficking. My research Paper deals with the suggestive measures for
Human Trafficking Bill, 2018, whereby I have done an comparative analysis on the Anti –
Human Trafficking Laws of South Africa, United Republic of Tanzania, Malaysia and Republic
of Ghana, whereby I have suggested by deriving some of their sections, which can be amended
in the Human Trafficking Bill, 2018 or by which an Act or Anti – Human Trafficking Laws can
be made in India. I have conducted a doctrinal research whereby the data is obtained from the
bare Act of Anti –Human Trafficking Acts of South Africa, Tanzania, Malaysia and Republic of
Ghana. I have also conducted an empherical research on the statistical Data on Number of
children and women being rescued as a trafficked victims form each states and Union Territories
from year 2014 till 2016, whereby I found the most prevailed form of trafficking among the
children and women who are being rescued. In Conclusion, I have concluded by giving the ways
by which the Human Trafficking can be controlled. Human Trafficking is a serious issue for a
whole nation, as it destroys the life of the youth and women of the nation. Hence, there must be
an effective awareness among children and women and community. Business should be stopped
to employ child labor and an individual must report to the police station or NGO s for effective
tackling of Human Trafficking in India.

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 INTRODUCTION
The Trafficking of persons(Protection, Prevention and Rehabilitation )Bill, 2018 is regarded as
Bill, which was set in Parliament by Minister of Women and Child Development and it was
passed by Lok Sabha in 2018 year. As soon the bill was passed and introduced, there were many
controversies whichever started in Aspect of the bill.

It was critic of many experts that, the Bill is not sufficient and it is set in parliament without any
rationale and a proper study. As far as, the current statics, which is related to trafficking as such
in regard, as per the data which is given by the National crime record Bureau 2016, as per Indian
Penal Code, there are an total of 8,132 cases which are in regard to human trafficking which
were registered and there are 23,117 person who were rescued and out of which , 45.5 % were
trafficked for the crimes like forced labor and 21.5 % were being trafficked for prostitution,
while the other were being trafficked for child pornography , which was 0.7 % and Domestic
Servitude which was 1.8 % , and other sexual Exploitation which was 11. 5 %.

The data which is given by NCRB has also exposed that, there is a high increase in number of
trafficking cases, in India. In compared to 2015 Data Report, there is a rise in 15 % of trafficking
in 2016 Report. One important thing, is that it is needed to be taken note, that, majority of the
trafficking cases, are also not reported, and hence, it cannot be fully, relied on data, which is
provided by the Government agencies in India.

India is also considered as a trafficking hub of South Asia, every year there are experienced
cases of trafficking not only inside India, but also in cross-border especially from countries like
Nepal and Bangladesh.

One of the essential factors that leads to trafficking is the social and economic conditions of the
person who are being trafficked and it also is depended on features like social insecurity, and
also disasters which heads a person towards trafficking, and beside this India is also surrounded
by underdeveloped countries and the countries where there exist an great number of inequalities.
Hence in such cases the issue of trafficking is very common in all theses countries. Hence,
women and children are also great victims and have also been trafficked for sexual exploitation,
domestic servitude and many other things.

As per the Ministry of Women and Child Development, the victims for human trafficking in year
2016 is around 19,223.The main cause for such is poverty, caste-based discrimination and
natural disasters etc. 1

1
Legal Service India (2018).Critical Analysis of the Trafficking of Persons (Protection, Prevention and
Rehabitiliation), Bill, 2018.Retrieved February 06, 2019, from, http://www.legalserviceindia.com/legal/article-504-
critical-analysis-of-the-trafficking-of-persons-protection-prevention-and-rehabilitation-bill-2018.html.

5
 OBJECTIVE
1) To explain the Statistical Data for the women and children trafficked victims rescued
from different states of India and Union Territories form year 2014 till 2016.
2) To give suggestions for the improvement in the Trafficking of persons (Protection,
Prevention and Rehabilitation) Bill, 2018.

NEED FOR RESEARCH

Human Trafficking is an most serious issue for India’s youth. Since, human Trafficking destroys
the life of women and children in India. Hence, there is an immediate need to control Human
Trafficking in India. This Research Paper deals the Trafficking of Persons (Protection,
Prevention and Rehabilitation) Bill, 2018, whereby I have done an comparative analysis of the
Anti-Human Trafficking Laws of South Africa, United Republic of Tanzania, Malaysia and
Republic of Ghana.

RESEARCH QUESTIONS
What is the scope for improvement in the Trafficking of Persons (Protection, Prevention and
Rehabilitation), Bill, 2018.

METHODOLOGY
I have adopted a doctrinal research as methodology whereby, the data is collected from databases
from internet. Whereby, I have done a critical analysis of the Trafficking of Persons (Protection,
Prevention and Rehabilitation) Bill, 2018.Where, I have suggested some of the improvement in
the Trafficking of Persons (Protection, Prevention and Rehabilitation), Bill 2016.

CASE LAWS /CASE STUDIES

1) Laxmi Kant Pandey V Union of India.2

The Supreme Court of India , in Laxmi Kant Pandey V Union of India, has held that while
supporting inter-country adoption stated , it is essential to focus in mind that the primary goal to
give the child in adoption is the welfare of the child, in which a great care has to be exercised in
allowing the child which has to be given in adoption to forcing parents, lest the child shall be
neglected or abandoned by the adoptive parents in the foreign country or the adoptive parents ,
which shall not be able in providing to the child a life of moral or material security or the child
shall be subjected to moral or sexual abuse or forced labor or experimentation for medical or
other research and shall be placed in a worse scenario , rather than its own nation Hence the

2
Laxmi Kant Pandey V Union of India, (1984) 2 SCC 244.

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court has laid certain procedures in order to keep an check and monitoring of inter country
adoption so that the child are not ending up in being trafficked.

1) Vishal Jeet V Union of India3

The Supreme Court , while on an attempt to put an record , in aspect of the growing exploitation
of younger women and children for prostitution , and trafficking had reported that , in spite of the
stringent and rehabilitative provisions of the law as per various acts, it could not be said that the
result which was needed has been obtained. The Supreme Court has ordered for an objective
with a multi-dimensional study and a search investigation in the matter which is related to the
causes and effects of such evil and it also requires most rational measures in order to weed out
the vices of such illicit trafficking. It was also stated that such malady is not a social but also a
sociological economic problem, and hence, the measures is to be taken in such regard must be
more preventive instead of punitive. It was of the contention that a devastating malady can be
suppressed and it could be eradicated only if such law by enforcing authorities in such context is
taken very seriously and a speedy legal action is against all such erred person who is as pimps,
brokers and also brothel keepers. As beside legal action, from both Central and State
Government shall have a duty in order to protect the interest and welfare of the children and girls
of our nation and also had an evaluation for various measures and implement as such in correct
direction. Hence, the court after having bestowed deep and anxious consideration on such matter
which is laid down in guidelines for the making of Advisory Committee in all such states and
Central Government in order to oversee and preparation of such programme for combatment of
trafficking. It is also stated that, “all the State Governments and the Governments of Union
territories should direct their concerned law enforcing authorities to take appropriate and
speedy action under the existing laws in eradicating child prostitution without giving room for
any complaint of remissness or culpable indifference. The State Governments and the
Governments of Union territories should set up a separate Advisory Committee within their
respective zones consisting of the Secretary of the Social Welfare Department or Board, the
Secretary of the Law Department, sociologists, criminologists, members of the women’s
organisations, members of Indian Council of Child Welfare and Indian Council of Social
Welfare as well the members of various voluntary social organisations and associations etc., the
main objects of the Advisory Committee being to make suggestions for the measures to be taken
in eradicating the child prostitution, and the social welfare programmes to be implemented for
the care, protection, treatment, development and rehabilitation of the young fallen victims
namely the children and girls rescued either from the brothel houses or from the vices of
prostitution. All the State Governments and the Governments of Union territories should take
steps in providing adequate and rehabilitative homes manned by well-qualified trained social
workers, psychiatrists and doctors. The Union Government should set up a committee of its own
in the line the main object of which is to evolve welfare programmes to be implemented on the
national level for the care, protection, rehabilitation etc. etc. of the young fallen victims namely
the children and girls and to make suggestions of amendments to the existing laws or for
enactment of any new law, if so warranted for the prevention of sexual exploitation of children”

3
Vishal Jeet V Union of India, 1990 AIR 1412

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“The Central Government and the Governments of States and Union territories should devise a
machinery of its own for ensuring the proper implementation of the suggestions that would be
made by the respective committees. The Advisory Committee can also go deep into Devadasi
system and Jogin tradition and give their valuable advice and suggestions as to what best the
government could do in that regard

ANALYSIS
The Criminal Law (Amendment) Act, 2013, is based on the recommendation which is made by
Justice Verma Committee, and it has introduced two new sections in IPC, which are dealing with
the trafficking, it is Section 370 and 370A.Section 370, of the Indian Penal Code, is dealing with
all types of trafficking and further Explanation 1 states that, exploitation is means “Any act of
physical exploitation, sexual exploitation, slavery or practices which is also similar to slavery or
servitude.”.

Hence such explanation is inclusive to all kinds of trafficking either it is sexual exploitation,
domestic servitude and bonded labor, or for either purposes. The penal sanction is being imposed
by the section is a minimum sentence of seven years, and which shall extend to ten years.

Some of the key features of the Bill are like the Bill has 59 sections, which have been divided in
15 chapters. Hence, the bill seeks in dealing with every types and trafficking and also with the
rehabilitation, protection and rescue of the person who are being trafficked. The Bill also finds in
establishment of the rehabilitation and investigation authorities at the District, State and at the
National Level. Hence such authorities will do an investigation of all the cases which are related
to trafficking and are also responsible for the protection and rehabilitation of the victims of
trafficking. Hence, in order for rescue for such victims and investigation of such cases, an Anti-
Trafficking unit will be set up, and for such the rehabilitation , the Rehabilitation Committee will
be set up, as provided under the Bill.

The Bill also classified Trafficking in two categories, one is the trafficking and other is
“aggravated form” of trafficking. The aggravated form of trafficking is the trafficking for the
objective of forced labor, bearing children, beginning, or for inducing early sexual maturity. The
Bill also gives for more stringent punishment as compared to present laws of the country which
is dealing with trafficking. The Bill is also taking care of the confidentiality of the victim,
complainant, and witnesses for non-disclosure of their identity. The statement of the victims, are
to be recorded by video conferencing which will be helpful in the inter-state and trans-border
cases as well.

All such proceedings may be time bound and may be concluded in one year form date from the
when the cognizance is being made. The Bill provides for repatriation of the victims of
trafficking. Hence, Immediate relief and rehabilitation to the victims of trafficking –interim relief

8
within 30 days which are dealing with the mental, physical problems and further relief within 60
days from the date when the charge sheet is being filed. 4

My study is based on Statistical Data of the Women and Child Traffickers rescued from each
states of India and Union Territories of India, whereby, I have collected Data from years 2014 till
2016. Whereby, in cases of statistical Data in which the Women Traffickers were being rescued
whereby, I found that in year 2014, the state of Goa had the highest number of women traffickers
amounting to 1907 women trafficker and they were amounted to sexual exploitation for
Prostitution. Whereby for the year of 2015, I found that the state of Goa had highest women
traffickers released as the victim for Sexual Exploitation for Prostitution which amounted to
5212 victims. For 2016, there was very less data was given by the Ministry of Women and Child
Development of India, since many states data of trafficking statistics were not given likely of
Jharkhand, Odisha, Kerela, Manipur and Uttar Pradesh, in which I found that the highest
statistics of Women trafficker who were released were of Madhya Pradesh which amounted to
426 victims, in which they were released for the charge of other kinds of sexual exploitation.

My second category of data was for child trafficker victims, released from different states and
Union Territories of India, under various charges from year 2014 till 2016. Whereby, for the year
2014, I found that the state of Rajasthan had highest amount of child traffickers, which amounted
to 3014, and they were forced labor. In statistical data for year 2015, I found that the state of
Rajasthan, had the highest number of child trafficked victims, for the category of forced labor, in
which they 4428 child victims were released. For year 2016, there was very less data given by
Ministry of Women and Child Development, in which many states data were not given for the
state of Uttar Pradesh, Kerala, West Bengal ,Odisha, Jharkhand , Daman and Diu and Manipur.
From the data I found that the state of Rajasthan, had the highest number of child trafficked
victim for the category of forced labor which amounted to 1891 victims.

4
Legal Service India (2018).Critical Analysis of the Trafficking of Persons (Protection, Prevention and
Rehabitiliation), Bill, 2018.Retrieved February 07, 2019, from, http://www.legalserviceindia.com/legal/article-504-
critical-analysis-of-the-trafficking-of-persons-protection-prevention-and-rehabilitation-bill-2018.html.

9
 CONCLUSION
Some of the measures to control child trafficking are like-5

a) Spreading awareness between parents and communities.

There should an awareness spread among parents, in regard to the human trafficking about the ill
effects and harm to individual and nation at large. Hence, community events by use of sports,
arts and theathre are also being used by civil society for educating the communities in regard to
vital services as well as opportunities which can be explored. Also Grassroots activism which
assist communities for fighting poverty and exploitation, on the basis of trafficking.

2) Strict laws for prevention of child trafficking

There must be an effective policymaking, which is a must be reformation. There are many NGOs
which constantly research, document and showcase finding s of such need for the reformation
and engagement with various government agencies, and which urge them to have a better
legislation to tackle child trafficking. There have been many cases which have been filed under
Protection of Children against Sexual Offences Act (2012) and Immoral Traffic (Prevention)
Act, which have been successfully translated in enhanced convictions, and which demonstrates
how the legislation can remove child trafficking.

3) Encourage business to not to employ child labor.

An ecosystem for child trafficking gets an silent acceptance, when an demand for child labor is
widely used in business like in retail, hospitality sectors.NGOs have formed a dialogue in order
to sensitize trade organization for ending such evil which will save them few rupees. At similar
time, local have also been made vigilant to report such scenarios of child labor at businesses, so
that it is actively discouraged.

5
Save the Children(2019), How can Child Trafficking be prevented in India. Retrieved February 18, 2019, from,
https://www.savethechildren.in/resource-centre/articles/how-can-child-trafficking-be-prevented-in-india

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 SUGGESTIONS
I have researched on some of the Anti-Trafficking laws of various countries like South Africa,
Tanzania, Malaysia and Ghana and I found some of the interest aspect, in those Anti-Human
Trafficking Bill and Act, which our Indian legislator should make such kind of changes or make
such provision in Human Trafficking Bill, 2018 or can make such kind of similar law, Act, Bill
on such grounds.

a) South Africa

The Republic of South Africa in its Prevention and Combating of Trafficking in Persons Act,
2013 has made some of the phenomenal provisions, in aspect of court and government duty, in
case of the failure of the parental responsibilities towards their child if he/she is an trafficked
victim.

Chapter 8 of General Provision, Section 366 states regarding the trafficking of child by parents,
guardian or other person who has parental responsibilities and rights in respect of child. In which
under subsection (1) it is stated that, is a children court has a reason to believe that the parent or
guardian of a child or any other person who has parental responsibilities and rights in respect of
child, has trafficked the child in such scenario the court may under clause(a) , suspend all
parental responsibilities and rights of the parents, guardian or other person and under clause(b)
place that child in temporary safe care in context of Section 152 of Children’s Act, in which
pending an enquiry by a children’s court. Subsection (2) states that , Any Action taken by a
children court in context of subsection(1) does not exclude a person liability for the commission
of any offence under Chapter 2 of the Act.

b) United Republic of Tanzania

The United Republic of Tanzania has given some of the phenomenal provision in aspect of the
Program to address the trafficking of person in their Anti-Trafficking in person Act, 2008.

6
Trafficking of child by parent, guardian or other person who has parental responsibilities and rights in
respect of child

36.(1) If a children’s court has reason to believe that the parent or guardian of a child or any other person who has
parental responsibilities and rights in respect of a child, has trafficked the child, the court may—

(a)suspend all the parental responsibilities and rights of that parent, guardian or other person; and
(b)place that child in temporary safe care in terms of section 152 of the Children’s Act, pending an inquiry by a
children’s court

.(2) Any action taken by a children’s court in terms of subsection (1) does not exclude a person’s liability for
committing any offence under Chapter 2 of this Act

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In section 247 it is stated about the programs that address trafficking in persons, it is given that it
is the duty of the government for formation, implementation, co-ordination, prevention,
protection and rehabilitation programme for trafficked persons. In which under subsection(1) it is
stated that government by the ministry is responsible for foreign affairs of firstly, facilitation of
resources and facilities for overseas for trafficked persons, in regardless of the manner of the
entry to the receiving country, and shall explore means further on of enhancement in assistance
in elimination of trafficking activities by closer networking with the government agencies in the
country and overseas specifically in policies and implementation of relevant programmers.
Secondly, establish and implement a pre-marriage, on-site and pre-departure counseling
programme on intermarriage. Subsection (b) states the Ministry is also responsible for social
welfare for firstly, implementation of rehabilitation and protective programme for trafficked
persons. Secondly, for providing counseling and temporary shelter to trafficked person and for
developing a system for accreditation between Non-Governmental Organizations for the
objective of establishing centers and programme for invention in various level of community.
Subsection(c) that the Government by the Ministry is also responsible for labor and employment.
, in which firstly, the government has to ensure strict implementation and compliance with the
rules and guidelines which are related to employment of persons who are residing either locally
or overseas. Secondly, the Government by its Ministry shall monitor document and report cases

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24. It shall be the duty of the Government to establish, implement and coordinate preventive, protective
and rehabilitative programmes for trafficked persons.

(a) through the Ministry responsible for foreign affairs-

(i) make available its resources and facilities overseas for trafficked persons regardless of manner of entry to the
receiving country, and explore means to further enhance its assistance in elimination of trafficking
activities through closer networking with government agencies in the country and overseas, particularly in the
formulation of policies and implementation of relevant programs;

(ii) establish and implement a pre-marriage, on-site and pre-departure counseling programme on intermarriages;

(b) through a Ministry responsible for social welfare-

(i) implement rehabilitative and protective programmes for trafficked persons;

(ii) provide counseling and temporary shelter to trafficked persons and develop a system for accreditation
among Non-Governmental Organizations for purposes of establishing centers and programmes for intervention in
various levels of the community;

(c) through a Ministry responsible for labor and employment-

(i) ensure strict implementation and compliance with the rules and guidelines relating to the employment of persons
locally and overseas;
(ii) monitor, document and report cases of trafficking in persons involving employers and labor recruiters;

(d) through the Ministry responsible for legal affairs-

(i) ensure the prompt prosecutions of persons involved in commission of offences in trafficking in persons;
(ii) designate and train prosecutors in special skills in prosecution of offences of trafficking in persons; and
(iii) establish a mechanism for free legal

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of trafficking of person who are involving employers and labor recruiters. Subsection (d) states
that the Government by its Ministry is also responsible for its legal affairs. In which firstly, it
must make sure that the prompt prosecution of individual who are involved in commission of
offences in trafficking of individuals. Secondly, the Government must designate and train
prosecutors in special skills for the prosecution of offences of trafficking of persons. Lastly, the
Government must establish a mechanism for free legal assistance for victims of trafficking in
individuals.

c) Malaysia

Malaysia had introduced Anti-Trafficking in persons and Anti-Smuggling of Migrants Act, 2007
which consist of some of the phenomenal provisions.

Section 14 describes about the offence of Trafficking as separately gives emphasis on children,
where the provision is made specifically for children.

Section 148 states about the Offence of trafficking in children, whereby it states that any
individual who trafficks a person who being a child for the purpose of exploitation, hence
commits an offence of child tracking and shall on conviction be punished with an imprisonment
for a tenure not less than three years, but not exceeding twenty years and also shall be liable for
fine.

Section 169 states about the Consent of trafficked person as irrelevant, in which it is stated that in
a prosecution for an offence under section 12 10, section 1311 and section 1412, it shall not be a
defense that the trafficked person has consented to the act of trafficked person.
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Offence of trafficking in children
14. Any person, who traffics in persons being a child, for the purpose of exploitation, commits an offence and shall,
on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years,
and shall also be liable to fine.
9
Consent of trafficked person irrelevant
16. In a prosecution for an offence under section 12, 13 or 14, it shall not be a defense that the trafficked person
consented to the act of trafficking in persons.

10
Offence of trafficking in persons
12. Any person, who traffics in persons not being a child, for the purpose of exploitation, commits an offence and
shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable
to fine.
11
Offence of trafficking in persons by means of threat, force, etc.
13. Any person, who traffics in persons not being a child, for the purpose of exploitation, by one or more of the
following means:
(a) threat;
(b) use of force or other forms of coercion;
(c) abduction;
(d) fraud;
(e) deception;
(f) abuse of power;
(g) abuse of the position of vulnerability of a person to an act of trafficking in persons; or

13
Part III A of the Anti-Trafficking in persons and Anti-Smuggling of Migrants Act, 2007 states
about the offence of smuggling of Migrants under Section 26A13, whereby it states that, Any
individual who carries out smuggling of migrant hence, commits an offence and shall on
conviction be punished with imprisonment for a tenure not exceeding fifteen years and shall also
be liable to fine or both.

Section 26 B14 states about the Aggravated offence of Migrants, in which it is stated that any
individual who commits an offence of smuggling of migrants in which following conditions
applies, firstly, under subsection (a) in committing the offence, the individual intends that the
smuggled migrant will be exploited after the entry in the receiving country or transit country or
whether by the person himself or by another person. Secondly, subsection (b) states that in
commission of the offences, the person subjects to smuggled migrants to cruel, inhuman or
degrading treatment. Thirdly, under subsection(c) it is stated that in committing the offences, the
person’s conduct gives an rise to a risk in death or serious harm to the smuggled migrant, and
shall also be punished on conviction, with an imprisonment for a tenure off not less than three
years but not exceeding twenty years, and shall also be liable to fine or to both.

Section 5515 states about the Trafficking person who escapes or is removed from place of refuge,
in which it states that any trafficked person who either escapes or is removed from a place of
refugee without any lawful authority in which under subsection (a) it is stated that the
government by the ministry may be taken into the custody by any enforcement officer and may
be brought back to the place of refugee. Subsection(b) states that the Government shall be placed
for such period which is equivalent to the period during which he was unlawfully at large and for
the unexpired residue of his term in the protection under ordinally made by the Magistrate.

(h) the giving or receiving of payments or benefits to obtain the consent of a person having control over the
trafficked person, commits an offence and shall, on conviction, be punished with imprisonment for a
term not less than three years but not exceeding twenty years, and shall also be liable to fine.
12
Offence of trafficking in children
14. Any person, who traffics in persons being a child, for the purpose of exploitation, commits an offence and shall,
on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years,
and shall also be liable to fine.
13
Offence of smuggling of migrants
26a. Any person who carries out smuggling of migrants commits an offence and shall, on conviction, be punished
with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine, or to both
14
26b. Any person who commits an offence of smuggling of migrants where any of the following applies:
(a) in committing the offence, the person intends that the smuggled migrant will be exploited after entry into the
receiving country or transit country whether by the person himself or by another person;
(b) in committing the offence, the person subjects the smuggled migrant to cruel, inhuman or degrading treatment;
or
(c) in committing the offence, the person’s conduct gives rise to a risk of death or serious harm to the smuggled
migrant
15
Trafficked person who escapes or is removed from place of refuge
55. Any trafficked person who escapes or is removed from a place of refuge without lawful authority—
(a) may be taken into custody by any enforcement officer and shall be brought back to the place of refuge; and
(b) shall be placed for such period which is equal to the period during which he was unlawfully at large and for the
unexpired residue of his term in the Protection Order originally made by the Magistrate.

14
Section 5616 states about the offence of removing or helping a trafficked person to escape from
place of refugee, in which it is stated that any person who under subsection (a) removes a
trafficked person from a place of refugee without any lawful authority. Subsection (b) states that
any individual who knowingly assist or induces, directly or indirectly a trafficked person to
escape form place of refugee. Subsection(c) states that any person who knowingly harbor or
conceals a trafficked person who has so escaped or prevents him from returning to place of
refuge commits an offence.

d) Republic of Ghana

The Republic of Ghana in its Human Trafficking Act, 2005 has some of the phenomenal
provision which are as –

Section 617 states about Duty to inform, in which under subsection (1) it is stated that an
individual with information about trafficking, under paragraph (a) the police. Under paragraph
(b) A individual with information about trafficking may inform to, under sub subparagraph (i)
The Commission of Human Rights and Administrative Justice. Under Subparagraph (ii) The
Department of Social Welfare. Under subparagraph (iii) The Legal Aid Board and under
subparagraph (iv) A reputable Civil Society Organization.

Section 918 states about the Filing of complaint to the Police, in which it is, stated that, under
subsection (1) A victim of trafficking or a person with information about the trafficking may file
16
Offence of removing or helping a trafficked person to escape from place of refuge
56. Any person who—
(a) removes a trafficked person from a place of refuge without lawful authority;
(b) knowingly assists or induces, directly or indirectly, a trafficked person to escape from a place of refuge; or
(c) knowingly harbors or conceals a trafficked person who has so escaped, or prevents him from returning to the
place of refuge,
commits an offence
17
Duty to inform
6.(1) A person with information about trafficking
(a)Shall inform the police, or
(b)May inform
(i)the Commission of Human Rights and Administrative Justice,
(ii)the Department of Social Welfare
18
Filing of complaint to police
9.(1) A victim of trafficking or a person with information about trafficking may file a complaint with the police or
other security services at the place where
(a)the offender resides,
(b)the victim resides,
(c)the trafficking occurred or is occurring, or
(d) The victim is residing temporarily, if the victim has left his or her normal place of abode.

(2) A child may be assisted by a next friend to file a complaint on trafficking.

(3) Despite subsection (1), a complaint about trafficking shall be filed by a social welfare officer, probation
officer, health care provider, teacher, district labor officer or any other person where the intervention is in the best
interest of the victim.

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a complaint with the police or other security services at the police where- under paragraph (a)
The Offender resides. Under paragraph (b) the victim resides. Under paragraph(c) the trafficking
occurred or is occurring. Under paragraph (d) the victim is residing temporally, if the victim has
left his or her normal place of abode. Subsection (2) states that A child may be assisted by a next
friend to file a complaint in trafficking. Subsection(3) states that despite subsection(1) , a
complaint about trafficking shall be filed by a social welfare officer, probation officer, health
care provider, teacher, district labor officer or any other person, where the intervention is in the
best interest of the victim. Subsection (4) where the victim for any reason is unable to file a
complaint personally, member of the victim’s family or any person with knowledge of the
offence may file a complaint on behalf of the victim. Subsection (5) states that where a person
who could have been a complainant under this Act has sided, the complaint may be made by the
next of kin or a person with the knowledge of the offence.

Section 1319 states about Arrest made by a private person without warrant, in which it states
under subsection (1) that a private individual shall arrest an person without any warrant if the
person commits an act of trafficking in the presence of the private person. Subsection (2) states
that a private individual may arrest a indivual without warrant where the private person has an
reasonable suspicion that the person has committed an offence of trafficking. Subsection (3)
states that a private person who effects an arrest shall immediately hand over the person to the
police.

REFERENCES

(4) Where a victim is for any reason unable to file a complaint personally, a member of the victim’s family or any
person with knowledge of the offence may file a complaint on behalf of the victim.

(5) Where a person who could have been a complainant under this Act has died, the complaint may be made by
the next of kin or a person with knowledge of the offence.
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Arrest by private person without warrant.
13(1) A private person may arrest a person without warrant if the person commits an act of trafficking in the
presence of the private person.
(2)A private person may arrest a person without warrant where the private person has reasonable suspicion that
the person has committed an offence of trafficking.
(3)A private person who effects an arrest shall immediately hand over the person to the police.

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1) Legal Service India (2018).Critical Analysis of the Trafficking of Persons (Protection,
Prevention and Rehabitiliation), Bill, 2018.Retrieved February 06, 2019, from,
http://www.legalserviceindia.com/legal/article-504-critical-analysis-of-the-trafficking-of-persons-
protection-prevention-and-rehabilitation-bill-2018.html.
2) Save the Children (2019), how can Child trafficking are prevented in India. Retrieved February
18, 2019, from, https://www.savethechildren.in/resource-centre/articles/how-can-child-
trafficking-be-prevented-in-india.

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