Who are the victims?

There is not one consistent face of trafficking victim. Trafficked persons in the United States
can be men or women, adults or children, foreign nationals or US citizens. Some are well-
educated, while others have no formal education.

While anyone can become a victim of trafficking, certain populations are especially
vulnerable. These may include: undocumented migrants; runaway and homeless youth; and
oppressed, marginalized, and/or impoverished groups and individuals. Traffickers
specifically target individuals in these populations because they are vulnerable to recruitment
tactics and methods of control.

Undocumented immigrants in the country are highly vulnerable due to a combination of

factors, including: lack of legal status and protections, language barriers, limited employment
options, poverty and immigration-related debts, and social isolation. They are often
victimized by traffickers from a similar ethnic or national background, on whom they may be
dependent for employment or a means of support.

What is the definition of a “child” for the purpose of the offence of

trafficking?

A child is defined differently in various legislations that have a bearing on the issue of child
trafficking. For instance, Juvenile Justice (Care and Protection) Act, 2015 (JJ Act)11 and the
POCSO Act, 12defines a child to mean a person who has not completed the age of 18
years.13 The Immoral Traffic (Prevention) Act, 1956 (ITPA), one of the most important
legislations in this area has two definitions applicable to persons under eighteen years. The
first for “child”14 to cover persons under sixteen years and the second is “minor” to cover
persons who have completed sixteen years but who have not completed eighteen years.

What measures can be taken to prevent child trafficking?

The key to fighting trafficking is to stop it from being profitable through strict
law enforcement, confiscation of profits of traffickers and increased protection (and reduced
vulnerability) of children. Understanding risk and vulnerability factors and putting in place
ways of recognizing these in children and their families – and then working to reduce or
eliminate their vulnerability – is another important way to protect children from trafficking. It
is crucial that countries recognize the negative impact of the economic crisis on the weakest
members of society and that the crisis may unravel many years of progress in implementing
the Global Action Plan target of eliminating the worst forms of child labour, including child
trafficking. Countries need to improve protection policies and mitigate the effects of the
economic crisis on labour markets and education systems. This can be done, for example, by
reducing the cost of schooling through free uniforms, textbooks and school meals, and by
easing credit constraints of poor households. Countries should re-prioritize their expenditure
patterns to benefit the poor and vulnerable.

Does physical violence have to be involved in child human trafficking

cases?

No. Some victims experience beatings, rape, and other forms of physical violence, however,
many victims are controlled by traffickers through psychological means, such as threats of
violence, manipulation, and lies. In many cases, traffickers use a combination of direct
violence and mental abuse. The federal definition of the crime, as defined in the Trafficking
Victims Protection Act (TVPA) of 2000, was created to address the wider spectrum of
methods of control used by traffickers beyond "bodily harm."

How can child trafficking be prevented?

Child trafficking must be viewed within the wider contextual factors which make children
vulnerable to it, and which enable or benefit traffickers. Primarily, preventing child
trafficking requires addressing and responding to the factors that make children vulnerable
around the world, including poverty, inequality and conflict. It also requires highlighting
Government policies that exacerbate vulnerability and prevent children getting the support
they need.
Many international organisations, have anti-trafficking programmes operating across the
world, often working in collaboration with smaller organisations, and national and local
governments.

There have been many awareness-raising programmes across the world, both in countries of
origin, transit countries and destination countries for trafficking, particularly among those
seen as ‘at risk’. While these help to educate young people and their families about the risks
of paying agents for travel or sending children away to work, many people feel they have no
option but to take such risks.

Those children that are identified as suspected victims must be safeguarded and given safe
accommodation and support so that, once in local authority care, they do not go missing and
become re-trafficked, which is a major risk for those who have already been trafficked.
Unfortunately, many children return to their trafficking situation because they are in debt
bondage or they fear repercussions if they do not. It is the responsibility of those who have a
duty to children to ensure they are kept safe and informed, and that the risk of re-trafficking is
reduced.

Much of the prevention work in the country requires awareness raising and training, both
among frontline workers and the public. Trafficking is a complex crime that cuts across
various government departments and agencies, including child protection, law enforcement,
immigration and international development.

What is impact on children?

Children may not only be deprived of their liberty and right to be free from exploitation and
abuse, but also from health care and education. Those who have been trafficked may not
show obvious signs of distress, but the short and long-term impact of exploitation cannot be
underestimated. The creation of a false identity, together with the loss of family and
community, may seriously undermine their self-worth and confidence.

There are various physical, emotional and psychological abuses that the child may have
suffered and continue to experience. These include but are not limited to:
 Physical abuse and physical disorders, such as skin diseases, headaches, backaches and/or
general pains
 Drug and alcohol addiction (particularly if the child has been given these in order to subdue
them)
 Disorientation and isolation, loss of trust, low self-esteem, depression and/or suicidal
 Psychological distress/sense of powerlessness
 Dependent relationships with abusers
 Loss of ability to concentrate and/or memory loss
 Post-Traumatic Stress Disorder, flashbacks, nightmares, anxiety attacks, stress and/or
nervous breakdowns
 Anti-social behaviour, anger and/or fear of authorities
 Sexual abuse, sexually transmitted infections, pregnancy, HIV/AIDS and/or damage to
reproductive health
 Malnutrition, physical and/or sensory deprivation

The child may require immediate medical attention when discovered, as commonly victims
are deprived of routine and even emergency medical treatment by their traffickers. In the
majority of cases, children will require mental health support, even if they do not initially
wish to engage with health services.

How common is human trafficking and modern slavery?

While it is difficult to quantify the number of victims of human trafficking because the crime
is inherently underground, the International Labour Organization estimates that 40 million
people were victims of modern slavery in 2017. Of those 40 million, 25 million people are
victims of forced labor (16 million in private sector exploitation, 4.8 million in sexual
exploitation, and over 4 million in forced labor by state authorities) and 15 of forced
marriage. This comes out to be an average of 5.4 victims of trafficking for every 1,000 people
in the world.

What are the legislations relevant in the context of child trafficking?

The legislations relevant in the context of child trafficking are: a. Indian Penal Code, 1860
(IPC) b. Immoral Traffic (Prevention) Act, 1956 (ITPA) c. Child and Adolescent Labour
(Prohibition and Regulation) Act, 1986 (CLPRA) d. Schedule Caste and Schedule Tribe
(Prevention of Atrocities) Act, 1989( POA Act) e. Transplantation of Human Organs Act,
1994 f. Information Technology Act, 2002 (IT Act) g. Prohibition of Child Marriage Act,
2006 (PCMA) h. Protection of Children from Sexual Offences Act, 2012 (POCSO) i.
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) j. Other legislations
may be relevant depending on the state. For instance, in the state of Punjab, the Prevention of
Human Smuggling Act, 2012 and similarly, in Karnataka, Andhra Pradesh, Tamil Nadu and
other states that have legislations on prevention of dedication of women as devadasis, they
will also apply.

What are the constitutional provisions relevant to trafficking?

Article 23 of the Constitution of India prohibits traffic in human beings and begar and other
forms of forced labour. It further states that any action taken in violation of this provision is
an offence. As this is a fundamental right under the Constitution, it is enforceable in High
Court or Supreme Court by filing a writ petition. In People’s Union for Democratic Rights &
Ors. v. Union of India, 73 Justice P.N. Bhagwati explained the scope and application of
Article 23 in the following terms, “…many of the fundamental rights enacted in Part III
operate as limitations on the power of the State and impose negative obligations on the State
not to encroach on individual liberty and they are enforceable only against the State. But
there are certain fundamental rights conferred by the Constitution which are enforceable
against the whole world and they are to be found inter alia in Articles 17, 23 and 24.” It was
clarified that the scope of Article 23 is broad and it strikes at traffic in human beings
wherever it is found. These observations were echoed the following year in Bandhua Mukti
Morcha v. Union of India & Ors.

Who are the trafficker?

Much less is known about the traffickers than their victims. The main reason children are
trafficked is for financial gain. For those trafficked from abroad, this can include payment
from or to the child’s parents and can place the child in debt bondage to the traffickers.
Commonly, the trafficker receives payment from those wanting to exploit the child.
Traffickers frequently operate as part of an organised crime network in which many ‘agents’
or ‘facilitators’ play a role in enabling trafficking within the same country and often across
countries. Some border officials have been known to accept bribes to allow victims to enter a
country. Some organised crime groups are very complex and well organised, trafficking a
number of victims in many countries. However, sometimes a child is trafficked within a
familial setting or a much smaller group of individuals as a ‘one-off’ occurrence.

The number of people who have been prosecuted for human trafficking is low compared to
the number of victims identified, although the numbers are slowly increasing. A child is
defined in all of the Acts as any person under the age of 18 years.

What is human trafficking?

Human trafficking, also known as trafficking in persons (TIP), is a modern-day form of

slavery. It is a crime under federal and international law. It is also a crime in the majority of
our states. Human Trafficking is defined in the Trafficking Protocol as "the recruitment,
transport, transfer, harboring or receipt of a person by such means as threat or use of force or
other forms of coercion, of abduction, of fraud or deception for the purpose of exploitation."

The definition on trafficking consists of three core elements:

1) The action of trafficking which means the recruitment, transportation, transfer, harboring
or receipt of persons.

2) The means of trafficking which includes threat of or use of force, deception, coercion,
abuse of power or position of vulnerability.

3) The purpose of trafficking which is always exploitation. It is said that "exploitation shall
include, at a minimum, the exploitation of the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the
removal of organs.