HUMAN TRAFFICKING IN INDIA: LEGAL FRAMEWORK, ENFORCEMENT, AND VICTIM PROTECTION

Abstract

Human trafficking stands among the gravest violations of human rights in the contemporary world, reducing individuals to commodities to be bought, sold, and exploited for profit. India, with its vast and diverse population, deep structural inequalities rooted in poverty and caste, and extensive borders shared with multiple countries, presents a complex and challenging environment for the prevention and prosecution of trafficking. The country is simultaneously a source, transit, and destination state for trafficked persons, with victims subjected to forced labour, sexual exploitation, domestic servitude, bonded labour, and organ harvesting.

This research paper critically examines the legal framework governing human trafficking in India, the effectiveness of enforcement mechanisms, and the adequacy of protections available to victims. It analyses the relevant constitutional provisions, domestic legislation — including the Immoral Traffic (Prevention) Act, the Protection of Children from Sexual Offences Act, the Bonded Labour System (Abolition) Act, and the proposed Trafficking in Persons (Prevention, Care and Rehabilitation) Bill — as well as India's obligations under international instruments, particularly the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons. The paper identifies significant gaps in the existing legal architecture and proposes recommendations for a more comprehensive, victim-centred, and rights-based approach to combating human trafficking in India.