DMPQ-. Discuss the intensity of Human trafficking issue in India. Mention major constitutional and legal provisions associated with the curbing of Human trafficking.

Human trafficking is the process of trapping people through the use of violence, deception or coercion and exploiting them for financial or personal gain. According to NCRB reports, between 2011 and 2018, the total number of cases of human trafficking recorded in the country was 35,983.

3 In 5 People Trafficked Were Children. People are trafficked for sexual exploitation, forced labor, forced begging, forced marriage; for selling children, as well as for removal of organs. Sexual exploitation is the most common form of exploitation (59% share) followed by forced labor (34% share). Most victims are trafficked within their countries’ borders – those trafficked abroad are moved to the richest countries.

Constitutional & Legislative Provisions

  • Trafficking in Human Beings or Persons is prohibited under the Constitution of India under Article 23 (1).
  • The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation.
  • Protection of Children from Sexual offences (POCSO) Act, 2012 is a special law to protect children from sexual abuse and exploitation.
  • There are other specific legislations enacted relating to trafficking in women and children o Prohibition of Child Marriage Act, 2006 o Bonded Labour System (Abolition) Act, 1976 o Child Labour (Prohibition and Regulation) Act, 1986
  • State Governments have also enacted specific legislations to deal with the issue. (e.g., The Punjab Prevention of Human Smuggling Act, 2012).
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