Human Trafficking is the trade and transport of human beings for the purpose of exploitation and financial gain.

Victims
of Human Trafficking are lured or forced into the hands of traffickers through coercion and deceit, transported to new

COMBATING
locations – often far from their place of origin and once trafficked, subjected to a wide range of severe and harmful
exploitation and abuse. Although Human Trafficking is illegal under national and international law, the practice is still
rampant throughout the world and exists in India in many forms. At present, it is estimated that trafficking in persons is
the third largest illegal industry in the world, after the trafficking of narcotics and arms.1 As Human Trafficking is a highly
lucrative business, networks of involvement in the practice are widespread throughout the country and often extend
to include law enforcement officers themselves, as well as other high-ranking officials. Thus, those involved in Human
Trafficking are often extremely difficult to apprehend, and the ongoing prevalence of the abhorrent and demoralising
HUMAN
TRAFFICKING
trade poses a continuous threat to every one of us. The most vulnerable, and therefore, most common victims of Human
Trafficking are women and children. A wide variety of social, economic and political factors contribute to the increased
vulnerability of women and children, as well as a high demand for both. Victims are drawn from rural areas as well as urban
centres across the country, affecting each and every member of society, whether directly or indirectly. It is, therefore, up
to us to take an active role in the prevention of Human Trafficking in order to protect ourselves and our children.
A Handbook for Women,
Parents and Children

576, Masjid Road, Jangpura, New Delhi–110014, India

Ph: +91-11-24379855/56
E-mail: publications@hrln.org
COMBATING HUMAN TRAFFICKING

A Handbook for Women,

Parents and Children
 HRLN Vision
• To protect fundamental human rights, increase access to basic resources for the marginalised communities, and eliminate
discrimination.
• To create a justice delivery system that is accessible, accountable, transparent, efficient and affordable, and works for the
underprivileged. Raise the level of pro bono legal expertise for the poor to make the work uniformly competent as well as
compassionate.
• Professionally train a new generation of public interest lawyers and paralegals who are comfortable in the world of law as well as in
social movements, and who learn from social movements to refine legal concepts and strategies.
Combating Human Trafficking
2011
© Socio Legal Information Centre*

Conceived by: HRLN Sikkim Unit

Conceptualised & Compiled by: Lindsey Massar
Content Coordinator: Doma T. Bhutia
Text Editor: Suresh Nautiyal
Assistance in editing: Arvind Kumar
Design: Birendra K. Gupta and Lindsey Massar

Published by:
Human Rights Law Network
(A division of Socio Legal Information Centre)
576, Masjid Road, Jangpura, New Delhi–110014, India
Ph: +91-11-24379855/56
E-mail: publications@hrln.org

Printed at: Print Graphics, 196-J, Ramesh Market, New Delhi 110065

Disclaimer
The images appearing within and on the cover of this publication are not of trafficked persons. Any resemblance to a person, living or
dead, is purely coincidental.
*Any portion of this publication may be reproduced with proper citation and acknowledgements.
Acknowledgements
The handbook is result of concerted efforts of Lindsey Massar,
from University of Ottawa, Canada during her internship
in HRLN, Sikkim Unit. Special thanks for her tireless work
including research, drafting and conceptualising the handbook
from start to finish with the guidance of Dr. (Miss) Doma T.
Bhutia, Legal Consultant of the HRLN, Sikkim Unit.

iii
Contents
Acknowledgements ....................................... iii
Foreword ....................................................... vii
Part I : Defining Trafficking
Introduction: What is Human Trafficking? .....3
Definitions ...................................................... 4
Trafficking Versus Migration ..........................5
Forms of Human Trafficking .......................... 6
Who Are the Victims? ................................... 10
Who Are the Traffickers? ...............................11
Legal Framework .......................................... 12
Part II : For Women
What Are My Vulnerabilities? ....................... 19
What Are My Rights? ....................................20
Rescue and Recovery ................................... 22
Resources for Women ..................................23
Part III: For Parents
What is My Role? ..........................................27
The Rights of Your Child ...............................28
Effects of Child Trafficking .......................... 30
Resources for Parents .................................. 31
Part IV: For Children
What is Child Trafficking? .............................35
Know Your Rights ........................................ 36
Dos and Don’ts for Kids .............................. 38
Resources for Children .................................39
Part V: What Can We Do?
Spread the Word .......................................... 41
v
Foreword
Despite panpoly of domestic and international laws prohibiting Human Trafficking
in India, thousands fall victim to an organised crime of human exploitation, and
abuse for the illegal purposes like flesh trade, domestic work, fake marriages,
child labour, drug and arms peddling, organ trade, begging, circus, etc. A range
of social, economic, political and cultural factors coalesce to create a structure of
coercion, opporession, and financial gain, robbing women and children of their
basic human rights to equality, dignity, and freedom. Capitalising on economic
desperation, low levels of literacy, and deep-seated gender inequaity, traffickers
prey on individuals most vulnerable to exploitation. These victims are trafficked
from rural and urban areas across India and nearby states, with little or no
monitoring from government authorities. Indeed, an unfettered system of trade,
coupled with a lack of awareness amongst civil society on the laws and resources
prohibiting Human Trafficking, has enabled the most inhuman organised crime to
flourish in absolute violation of human rights.
The Human Rights Law Network has developed this Handbook with the aim that
women, parents, and children – those most affected by Human Trafficking – gain
the tools necessary to comabt Human Trafficking within their local towns and
villages. With knowledge comes power, and with power the ability to protect and
prevent from the worst form of organised crimes like Human Trafficking.

Dr. Doma T. Bhutia

vii
 Defining
Trafficking

1
 The most vulnerable, and therefore, most common
victims of Human Trafficking are women and children
2
Introduction: What is Human Trafficking and How Does it Affect Me?
Human Trafficking is the trade and transport of human beings for the purpose of exploitation and
financial gain. Victims of Human Trafficking are lured or forced into the hands of traffickers through
coercion and deceit, transported to new locations – often far from their place of origin and once
trafficked, subjected to a wide range of severe and harmful exploitation and abuse.

Although Human Trafficking is illegal under national and international law, the practice is still
rampant throughout the world and exists in India in many forms. At present, it is estimated that
trafficking in persons is the third largest illegal industry in the world, after the trafficking of narcotics
and arms.1 As Human Trafficking is a highly lucrative business, networks of involvement in the
practice are widespread throughout the country and often extend to include law enforcement
officers themselves, as well as other high-ranking officials. Thus, those involved in Human
Trafficking are often extremely difficult to apprehend, and the ongoing prevalence of the abhorrent
and demoralising trade poses a continuous threat to every one of us.

The most vulnerable, and therefore, most common victims of Human Trafficking are women
and children. A wide variety of social, economic and political factors contribute to the increased
vulnerability of women and children, as well as a high demand for both. Victims are drawn from
rural areas as well as urban centres across the country, affecting each and every member of
society, whether directly or indirectly. It is, therefore, up to us to take an active role in the prevention
of Human Trafficking in order to protect ourselves and our children.

3
 Definitions
Under the many national and international laws and organisations put in place to fight trafficking, there have been
several official definitions of Human Trafficking. However, the only internationally recognised and adopted definition
is from the “United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children” of 2000 (also called the “Palermo Protocol”).2

Official Definition of Human Trafficking from the Palermo Protocol

Article 3

a) Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of
the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation
or the prostitution of others or other forms of sexual exploitation, forced labour services, slavery or practices similar to
slavery, servitude or the removal of organs;
b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article
shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered
‘trafficking in persons’ even if this does not involve any of the means set forth in subparagraph (a) of this article;
d) ‘Child’ shall mean any person under eighteen years of age.

It should be noted that the Palermo Protocol was adopted by the UN Office of Drugs and Crime as a supplement to
the United Nations Convention against Transnational Organised Crime, and as such only extends so far as to cover
trafficking of persons across national borders, leaving out the many cases of trafficking that occur within state lines.
However, other organisations have expanded their definitions to include all forms of trafficking and it is important to
remember that any transport and trade of human beings for exploitative purposes is Human Trafficking, regardless
of whether it occurs within or across state borders.

4
Trafficking versus Migration
In many countries including India, there is a considerable amount of legal and illegal migration that takes place
across national borders. In cases of illegal migration, people who wish to migrate but are unable to do so legally
due to a lack of sufficient finances or documentation make their way across borders illegally, often with the help
of migrant smugglers. While this can at times look similar to Human Trafficking, there are some key differences
between trafficking and illegal migration. The most important difference is the element of exploitation that exists in
cases of Human Trafficking, but not in those of migrant smuggling.

Trafficking Migration Although migration is not innately

exploitative, it is very important to be
• Transported by force or • Transported by consent
aware that those attempting to migrate
deceit • Transported to destination of illegally are especially vulnerable to falling
• Transported to unknown/ migrant’s choice into the hands of traffickers. Traffickers
imposed destination • Upon arrival at destination, can pose as migrant smugglers for
• Upon arrival at destination, migrants are free to do as the purpose of deceiving prospective
victims are sold and they please. Transaction migrants and, abusing their established
exploited ends with the arrival
trust, then traffic the migrants into a
• Exploitative and Abusive: • Migrants (under successful variety of harmful and exploitative trades
Causes emotional, migration circumstances) such as forced labour or the sex trade.
psychological and physical remain emotionally, Therefore, those wishing to migrate must
harm to victims psychologically and
be especially careful, and should always
physically healthy and safe
do everything in their power to do so
legally and through the proper channels.

5
 Forms of Human Trafficking
With regards to Human Trafficking, India is both a source as well as a destination for
victims. Both adults and children are taken from all over India and trafficked to other
states within the country as well as to foreign countries. Victims from neighbouring
nations are also trafficked for exploitation and labour in India. In both cases, there
are numerous purposes for which persons are trafficked, all of which are harmful
and abusive and violate the basic human rights of the victims.

Commercial Sex Work

The most prevalent form of Human Trafficking worldwide is the trafficking of women and girls for
commercial sex work.3 In India, women are trafficked for work in brothels in the country’s many red
light districts, as well as in smaller towns and rural areas. Victims from India are taken to other states
within the country or abroad, while women and girls from neighbouring countries such as Nepal and
Bangladesh are trafficked for work in India’s growing sex industry.

Religious or Socially Sanctified forms of Prostitution

In India, there remain a number of harmful traditional practices that severely abuse the
sexuality of women and girls. The Devadasi system, for example, is still practiced in several of
the country’s states, particularly in rural areas. In this tradition, young girls are “dedicated” to a
temple in order to provide entertainment and sexual services to the temple god and priests, as
well as to others “whom god favour[s]”4 (in this case, those who are willing to pay). In addition to
this and other religion-based forms of prostitution, much of the country is plagued by a number
of backward social myths that contribute to the growth of sexual exploitation in India, such as
the belief that sex with a virgin (often unprotected) will cure sexual diseases and dysfunctions.
Beliefs such as this lead to a high demand for young sex workers in rural areas and, in addition
to sustaining the already abusive treatment of sex workers, contribute significantly to the
spread of HIV/AIDS and other sexually transmitted diseases.5

6
For Forced Labour in Various Industries
Many children in India and abroad are trafficked for the
purpose of forced labour. Trafficked children are used as
slaves in the carpet industry, for construction work, and for Domestic Labour
labour in many other industries. These children are forced In India, it is very common for young
to work for little or no pay, and grossly mistreated by their women and girls to be trafficked and sold
‘employers’. Like many other trafficking victims, these children for the purpose of domestic labour. This
also very often become victims of physical and sexual abuse form of trafficking is extremely dangerous,
as well. as it is often justified as a sort of training
for womanhood and a good option for girls
to receive food and shelter in exchange
for their work. In some cases, it has even
been glorified as a “Home away from
Home.”6 In reality, however, girls trafficked
for domestic labour are grossly mistreated
Entertainment and, as is the case in most forms of
Another growing form of trafficking is the trade of human trafficking, very often become victims of
beings for entertainment purposes. This can include circus physical, emotional and sexual abuse.
work, camel jockeying, work as dancers or other forms
of performers on stage or in bars, and other varieties of
entertainment. This form of trafficking not only exploits the
labour of victims by forcing them to work under inhumane
conditions for little or no money, but in most cases also
subjects them to other forms of abuse and maltreatment.

7
 Begging
A very common purpose for the trafficking of young children is exploitation through
forced begging. These children are forced to beg and collect funds, which are
then returned to their “owners”. In many cases, children trafficked for begging are
maimed and mutilated by removing their limbs or scarring them in other ways so as
to render them more pitiable in the eyes of potential donors.

Trafficking for or Through Marriage

Women and girls can be trafficked both ‘for’ and ‘through’ marriage. Some girls are
trafficked and sold for the purpose of marriage with willing buyers, while others are
drawn in under the pretences of legitimate marriage, and then, instead trafficked
for commercial sex work or domestic labour.

Trafficking for or Through Adoption

In many cases, children are trafficked either for the purpose of adoption, in which
case they are purchased from impoverished families and then sold at a higher
price to wealthy couples who wish to adopt a child; or through adoption, wherein
the child is formally adopted, but then exploited by the adoptive parents for labour,
illegal activities, or sexual exploitation.

8
Drug Peddling, Theft and Petty Crime
Another common use for trafficked children is exploitation through a variety of
illegal activities. As the punishments for children involved in criminal activities are
not nearly as severe as those for adults, trafficked children are often forced to
perform crimes such as the smuggling of drugs and other illegal substances, as
well as various forms of theft.

Child Soldiers
In areas prone to violent conflict, children can be trafficked to serve as child soldiers. According to the
United Nations Office on Drugs and Crime (UNODC), child soldiers and combatants have been used
in approximately 30 recent conflicts around the world.7 Children living in conflict zones, especially
those who have been orphaned or alienated from their families and those living in poor economic
conditions are most vulnerable to this form of trafficking. These children are made to participate in
armed combat and are subjected to a great deal of emotional, physical and psychological abuse and
damage.

Organ Trade
A particularly heinous form of Human Trafficking, the sale of human beings for the
purpose of organ removal also exists in India. Victims of this form of trafficking are
subjected to the abstraction of their vital organs, which after removed from their
bodies, are sold to buyers for organ transplants. This form of trafficking not only
subjects victims to severe forms of physical torture, but can often lead to death.

9
 Who are the Victims?
While people of all ages and genders can fall victim to Human Trafficking, the most vulnerable groups are women
and children. Victims are forced or ensnared into exploitative work and held under the control of traffickers through
various forms of violence and threats.
One of the most common and harmful misconceptions about Human Trafficking is the belief that it only happens to
others, and could never affect those close to us. The truth is, though some may be more vulnerable than others, we
are all vulnerable to and affected by Human Trafficking so long as it continues to exist. Victims of Human Trafficking
are normal people, just like you.
On Rescue and Reintegration
Social, Economic and Political Factors
As victims of Human Trafficking are
Although victims are drawn into the trade through coercion and deceit,
forced to partake in activities that are
there are several social, political and economic factors that can also help to
often shameful and degrading, those who
lead innocent people into the hands of traffickers, including–
are rescued and returned to their homes
• Increased poverty often face a great deal of stigma from
• Desperation and anxiety caused by war and armed conflict their communities, and are shunned by
• Breakdown or dissolution of rural communities their families and friends. This shame
• Displacement caused by development plans or natural disasters can cause victims to feel alienated, thus
making them much more vulnerable
• Ethnic and communal strife
to being re-trafficked, as they do not
• Refugee status or statelessness
have the support of those around them.
• Lack of sufficient legal framework and law-enforcement It is, therefore, extremely important to
• Limited economic prospects remember that trafficked victims remain
• Dysfunctional home environment exactly that – Victims heretoafter. The
• Decline in the sex-ratio and subsequent increase in demand for women exploitation that trafficked persons
and girls for marriage and commercial sex work experience is not their choice, and
the support and understanding of the
• Lack of adequate funds or documentation in the case of migrants
community is essential to their recovery.

10
Who are the Traffickers?
Human Trafficking is a multidisciplinary and complex crime, comprised of a number of illegal and harmful activities
such as kidnapping, forgery of documents, corruption, unlawful confinement, rape and sexual assault, torture, and
at times even murder.8 Given the intricate and compound nature of the crime, those involved in the trafficking of
human beings are equally widespread and diverse.
Traffickers can generally be divided into three
categories: recruiters, transporters, and exploiters.
Methods of Recruitment
However, the methods of recruitment, transport
and exploitation vary widely, making it extremely Victims of Human Trafficking are recruited through a number
difficult to identify and catch those responsible of coercive and fraudulent means. Some of the commonest
for the crime. Due to the widespread networks methods of recruitment include:
of involvement and the clandestine nature of the • Promises of legitimate employment
crime, very few perpetrators are actually caught, • False recruitments for modelling or entertainment industry
and even fewer are convicted.9
• False marriages
Although accurate statistics on Human Trafficking • Advertisements of agencies offering work or study abroad
are extremely difficult to procure, some information • Advertisements of agencies offering marriage or travel
on the trends and dynamics of the issue does abroad
exist. The trafficking victim database of the
• Direct purchasing of children from their parents or
International Organisation for Migration (IOM) guardians
shows that 46% of the victims surveyed were
• Recruitment through networks of family and friends
recruited by someone they already knew, while
the remaining 54% were drawn in by strangers. • Live recruitment of girls from cafés and bars through a
variety of dishonest or persuasive means
The IOM’s research also found that 52% of the
recruiters were male, 42% were female, and 6% • Abduction or kidnapping
were a combination of both men and women.10

11
 Legal Framework
Human Trafficking is prohibited under Articles 23 and 39 of the Indian Constitution,
which clearly define the right of every citizen to freedom from all forms of exploitation.
Article 23 makes specific mention of the prohibition of Human Trafficking.
In addition to the Constitution, there are a number of other legal mechanisms in
place at both the national and international levels in order to protect us form Human
Trafficking. In discussing the legal framework surrounding trafficking in persons, it is
important to understand that the existence of these laws alone cannot fully protect us.
Although they are a critical element of the fight against Human Trafficking, there is
still much to be done in order to see that they are adequately implemented. The vast
and diverse nature of the crime, as well as the complex political forces at play make
it difficult to fully implement the laws as they are intended. However, it is important
that we know these laws, so that we can understand when they are being violated
or poorly implemented, and take initiative to see that adequate legal and political
attention is paid to them.

12
For Indian citizens, there are two very important legal mechanisms dealing with
trafficking. The first, pertaining to every human being regardless of nationality, is the
United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons,
Especially Women and Children, Supplementing the United Nations Convention
Against Transnational Organised Crime (also referred to as the Palermo Protocol).
This is the most important international legal instrument that deals with Human
Trafficking, as it obligates all signatory states to take specific action against Human
Trafficking. The Protocol addresses Human Trafficking as an organised crime, and
its signing in Palermo, Italy in 2000 was the first instance in which the issue was
addressed formally as a crime against humanity.11 In addition to setting standards for
the prevention and punishment of Human Trafficking and the protection of victims,
the Palermo Protocol also makes specific aim to “promote cooperation among States
Parties in order to meet those objectives.”12
The second very important legal device that deals with Human Trafficking is the
Immoral Trafficking Prevention Act (ITPA) of 1956. This is India’s own law on Human
Trafficking, and is, therefore, the main instrument through which Human Trafficking
cases are dealt within India. Under ITPA, direct provisions for the handling of
trafficking cases, including the punishment of traffickers as well as the protection and
treatment of victims are clearly laid out.
Both the Palermo Protocol and the Immoral Trafficking Prevention Act are crucial
means through which we understand and address Human Trafficking. Therefore, it is
important that we understand these legal mechanisms. Some useful portions of both
the Palermo Protocol and ITPA are highlighted here.

13
 The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children (2000)
Article 3. Use of Terms

This article clearly defines Human Trafficking (as reproduced on page 2 of this handbook), as well as several other terms
in the Protocol. Another very important function of this article is its section (b), which states that “the consent of a victim of
trafficking in persons to the intended exploitation…shall be irrelevant where any of the means set forth in subparagraph
(a) have been used.” This means that the consent of anyone who has been recruited through threat, force or other forms
of coercion will not affect the conviction of a trafficker.

Article 5. Criminalisation

This Article obligates all state-signatories to take up all measures to establish all forms of Human Trafficking defined in the
Protocol as criminal offences.

Article 6. Assistance to and protection of victims of trafficking in persons

Under Article 6, all State Parties must, to the extent possible, “protect the privacy and identity of victims of trafficking
in persons” and see that information and assistance pertaining to legal proceedings are provided to victims. It further
encourages State Parties to “[implement] measures to provide for the physical, psychological and social recovery of
victims” including appropriate housing, counselling, “medical, psychological and material assistance” and “employment,
educational and training opportunities.”

Article 9. Prevention of trafficking in Persons

Article 9 states that all State Parties must take measures, including “research, information and mass media campaigns
and social and economic initiatives to prevent and combat trafficking in persons.” It also state that States must take
action “to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as
poverty, underdevelopment and lack of equal opportunity.”

14
The Immoral Trafficking Prevention Act, 1956
Article 2. Definitions. –
(a) “brothel” includes any house, room, conveyance or place, or any portion of any house, room, [conveyance] or place,
which is used for the purposes [of sexual exploitation or abuse] for the gain of another person or for the mutual gain of
two or more prostitutes;
(b) “child” means a person who has not completed the age of sixteen years;
(f) “prostitution” means the sexual exploitation or abuse of persons for commercial purposes, and the expression
“prostitute” shall be construed accordingly;
(g) “protective home” means an institution, by whatever name called... in which [persons] who are in need of care and
protection, may be kept under this Act and where appropriate technically qualified persons, equipments and other
facilities have been provided.
Article 3. Punishment for keeping a brothel or allowing premises to be used as a brothel.
Article 3 makes this offense punishable by one to three years in prison, as well as a fine of up to Rs.2000

Article 5. Procuring, inducing or taking [persons] for the sake of prostitution.

Under Article 5, the procuring, inducing or taking of persons for the sake of prostitution, regardless of their consent, is
made punishable by three to seven years’ imprisonment, and up to fourteen years’ imprisonment in the case that this act
is carried out against the will of the victim.

Article 6. Detaining a [person] in premises where prostitution is carried on.

This offence, under Article 6, is punishable by imprisonment for a period of seven years extending to life.

Article 16. Rescue of [persons].

This Article allows for the removal of prostitutes from brothels by order of the magistrate. Also relevant to the rescue of
victims, Article 15 allows for special police officers to enter and search any premises suspected of being used for an
offence punishable under this Act without a warrant, and to remove any person being held therein.

15
For
Women
 “Women are vulnerable to trafficking because they are
often excluded from employment, higher education and
legal as well as political parity.”
– UN. GIFT

18
As a woman, you are part of one of the groups most vulnerable to Human Trafficking.
Women and girls make up over 70% of annual trafficking victims and, as such, must
take extra precautions to know the dangers of trafficking, as well as the rights that
protect them from such exploitation.13

What are My Vulnerabilities?

Given the many forms of Human Trafficking that exist within India and around the world and the numerous methods
through which victims are recruited, it is essential that every woman familiarises herself with the potential threats
around her and identify her own vulnerabilities. These vulnerabilities may not be the same for every woman – they
are dependent on the economic, political, social, and emotional environment in which you live, as well as your own
personal background. They may include dysfunctional family dynamics, a lack of education, poverty, and many
other socio-economic issues (see “Social, Economic and Political Factors”, page 6). For example, if you are from
a family of limited economic means and find you are subjected to financial difficulties, you may be vulnerable to
persuasion by traffickers through the promise of employment or legitimate work. By recognising the ways in which
you are vulnerable, you can take special care to ensure that others do not exploit these vulnerabilities.
While there are a number of possible vulnerabilities that we may each be subjected to, one of the most important
factors that can make us susceptible to trafficking is a lack of awareness. By understanding the dynamics of
Human Trafficking and the ways in which it threatens women, you are empowering and protecting yourself and
helping to eliminate this weakness.

19
 What are My Rights?
As a citizen of India, you are protected by a number of national and international laws. In addition to these basic
rights, there are also several special laws in place for the protection of women’s rights. However, it is important to
understand that your rights are not always properly upheld and protected by law enforcement, and it is therefore
very important that you take the initiative to know your rights so that you can tell immediately when they are being
violated.

Constitutional Rights
Your constitutional rights are those rights guaranteed to you under the Constitution of India. It is the duty of the government to see that these rights
are protected and afforded equally to each and every Indian citizen. Although there is very little specific mention of women in the Constitution,
there are still several Articles that are very important to the protection of women’s rights. Some key constitutional rights that protect you from the
exploitation of Human Trafficking are:

Article 21

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

“Right to life, enshrined in Art. 21 means something more than survival or animal existence. It would include the right to live with human dignity”…”It
would include all those aspects of life which go to make a [person’s] life meaningful, complete and worth living.”

Article 21 covers one of the most important fundamental human rights and is a large part of the basis upon which Human Trafficking is deemed as a
direct and heinous violation of the Constitution. In addition to the protection of every citizen’s right to life and liberty, this Article makes special mention
of the “Right of women to be treated with decency and proper dignity.”

Article 39

e) “that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age and strength.”

This Article is important as it identifies the State’s obligation to ensure that citizens are not forced into unsuitable forms of labour, which is almost
always the case in instances of Human Trafficking.

Article 15

(1) “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”

(3) “Nothing in this Article shall prevent the State from making any special provision for women and children.”

Although Article 15 does not necessarily relate directly to all cases of trafficking, 15(3) is worthy of mention, as it is this article that has allowed for the
creation of several important laws that are in place to protect women and children from trafficking and other forms of exploitation and harm.

20
Internationally Protected Rights
In addition to your constitutional rights, you are also protected by several international laws and conventions. Although
the provisions of many of these Conventions are not directly applicable to citizens, it is the duty of every signatory state,
including India, to create all necessary legislations in order to uphold the rights enshrined in the Acts. One of the most
important international Conventions for women’s rights is the Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW). Under CEDAW, guidelines are laid out to protect the rights of women from discrimination and
abuse of their societal vulnerabilities, including:

Article 6

“State-Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and
exploitation of prostitution of women.”

This is the most pertinent article of CEDAW to the issue of Human Trafficking. However, there are several other Articles
that also relate to Human Trafficking in that they serve to lay the burden of responsibility on the State to prevent the
social, political and economic patterns that often lead to the trafficking and exploitation of women. The following are
examples of such.

Article 3

“States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate
measures, including legislation, to ensure the full development and advancement of women, for the purpose of
guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with
men.”

Article 5

“State Parties shall take all appropriate measures”

(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of
prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either
of the sexes or on stereotyped roles for men and women.”

21
 Rescue and Recovery
Although you can reduce your risk of being victimised by traffickers through sensitisation and increased awareness,
it is also important to familiarise yourself with the proper rescue and recovery procedures to be followed by
officials, should you fall victim to Human Trafficking. The most common form of trafficking that occurs in the case
of female victims is trafficking for sexual exploitation. In many cases, women are found and rescued from brothels
and put through a process of recovery and reintegration. However, it is unfortunately quite common for the rescue
and recovery process to be carried out inappropriately, often causing further harm to those being rescued. This
can occur due to a lack of appropriate sensitivity and care on the part of the officials, or to an absence of proper
training. By knowing the proper guidelines to be followed by the rescue team, you can protect yourself from being
further violated.

Guidelines for the Rescue Team

• Team should include at least one female police officer and a female representative from a reputable anti-
trafficking NGO
• Victim’s children and personal belongings should be retrieved at the time of the rescue
• Victims should be treated with dignity and respect
• Victim should be segregated from the accused and suspects
• Victim has a right to privacy. Avoid media publicity

If you or someone you know has been rescued from a brothel and you believe that the rescue process was
exploitative or did not follow appropriate procedure, or if you find that in the process of the rescue you have been
treated as a criminal instead of a victim, you can contact HRLN or another reputed antitrafficking organisation for
help. HRLN may be able to provide you with legal or other assistance. As a victim of Human Trafficking, you are
NOT a criminal and should not be treated as one.

22
Resources for Women
http://www.hrln.org/issue.php?id=74
Human Rights Law Network official site, Trafficking Section

http://www.unifem.org.in/
Official Site of the UN Development Fund for Women (UNIFEM),
South Asia office - Includes publications in Hindi and Nepali

http://www.un.org/womenwatch/
Information and Resources on Gender Equality and Empowerment of Women

http://www.unodc.org/unodc/en/human trafficking/index.html
UNODC Information on Human Trafficking and Migrant Smuggling

http://www.unodc.org/unodc/en/human trafficking/publications.html
Downloadable PDF Publications on Human Trafficking

http://www.un.org/womenwatch/directory/protocol_trafficking_10722.htm
Information on the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organised Crime (2003)

untreaty.un.org/English/notpubl/18-12-a.E.doc
Full text of the Palermo Protocol

http://www.ohchr.org/english/countries/index.htm
Office of the United Nations High Commissioner for Human Rights

http://www.un.org/womenwatch/daw/cedaw/
Division for the Advancement of Women – Includes information on CEDAW as well as the full text of the Convention

23
 For
Parents

25
 Every year, an estimated 800,000 people are trafficked across national
borders, and millions more are sold within their own countries.
Of these, over 20% are children.14

26
What is My Role?
As a parent, you are entrusted with one of the most important, complex and delicate jobs on the planet – the
protection and nurturing of children. While you unfortunately can never fully protect your children from all the
dangers that exist in the world, there are measures you can take to make them far less vulnerable to being
trafficked.
Due to their inherent innocence and vulnerability, children are more easily deceived and abducted by traffickers.15
Therefore, we must take extra care to sensitise our children on the dangers of Human Trafficking and teach them to
protect themselves.
Unfortunately, one of the most common methods of child recruitment into trafficking is directly through the child’s
parents or guardians.16 In situations of economic desperation, Children are often purchased from their parents for
the purpose of domestic labour and many other forms of exploitation. In many cases, parents who sell their children
to traffickers believe that it may be the best option for the child, as they do not have the financial means to take
care of their children properly. Some parents believe that by selling their children as domestic servants or other
labourers, the children will lead a better life in which they have food and a means of basic subsistence, while the
parents also receive some monetary relief from the selling of the child. However, this justification is unfortunately
very untrue. Children who are trafficked are not only deprived of food and nourishment, but are also severely
abused and battered in numerous ways.17 As a parent, it is important to understand that, no matter how desperate
your situation may be, your child is never better off being trafficked. Should you find yourself in a situation of severe
financial anxiety or poverty, you should know that there are other options and ways to get help. See the ‘Resources
for Parents’ section at the end of this chapter for more information.
Whether or not you are in a condition of financial instability, you must know that your child is still vulnerable to
Human Trafficking. Direct contact with the parents or guardians of children is a very common method of recruitment
used by traffickers, but it is not the only one. Children are also abducted by traffickers through deceit and trickery,
or by sheer force. You can help to protect your child by educating them on the dangers of Human Trafficking, and
teaching them not to trust strangers. Go through the children’s chapter of this booklet with your child, and help them
to understand their rights, and the ways that they can protect themselves.

27
 The Rights of Your Child
In addition to the basic human rights belonging to every human being, your child also has special rights specifically
designated to children. These rights are enshrined in several national and international laws and Conventions. As a
parent, it is important that you know your child’s rights so that you are aware when these rights are being violated.
Because your child may not yet have the ability to stand up for his or her own rights, it is your job as a parent to see
that your child is not exploited or harmed.

UN Convention on the Rights of the Child (1989)

This convention is one of the most important international vehicles that deal with child rights. As it has been almost universally ratified (with
the exception of Somalia and the USA)18, it can be seen as a primary international reference for the treatment of child rights. The scope of this
Convention is quite broad, and includes a wide range of rights and protections for children. There are also some specific provisions that deal
directly with Child Trafficking and the exploitation that results from it. It is the duty of the State to see to it that these provisions are adequately
implemented.

Article 11. “State parties shall take measures to combat illicit transfer and non-return of children abroad through bilateral or multilateral agreements
or accession to existing agreements.”

Article 21. “State Parties to recognise and/or permit the system of adoption and ensure that the best interest of the child is of the paramount
consideration. The adoption of a child is to be authorised by competent authorities. Safeguards and standards to be laid down for inter-country
adoptions, especially to ensure that placement does not result in improper financial gain for those involved.”

Article 32. “State Parties to protect the child from economic exploitation and performing any work that is likely to be hazardous or interfere with the
child’s education or be harmful to the child’s health or physical, mental, spiritual, moral/social development.

Article 33. “State Parties to protect children from the illicit use of narcotic drugs and psychotropic substances, and to prevent the use of children in
the illicit production and trafficking of such substances.”

Article 34. “State Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, State Parties
shall in particular take all appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity
(b) The exploitative use of children in prostitution or other unlawful sexual practices

(c) The exploitative use of children in pornographic performances and materials

Article 35. “State Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in
children for any purpose or in any other form.”

28
Juvenile Justice (Care and Protection of
Children) Act, 2000
This Act is in place for the special protection of
children, including those in conflict with the law.
Several offences punishable under this Act pertain
directly to the issue of Child Trafficking.

Section 23: Cruelty against a child by a person having

charge of such child, including assault, abandonment,
exposure, willful neglect or procuration of a child for
any of these acts, in a manner that is likely to cause
mental or physical suffering to the child.

Section 24 (1): Employing, using or causing a child to

beg. Other Laws Concerning Child Rights
Section 26: Procuring a child for hazardous Child Labour Abolition and Regulation Act, 1986
employment, keeping such child in bondage and Lays out guidelines for the prohibition and restriction of
withholding the child’s earnings for one’s own use. child labour in many forms

Domestic Violence Act, 2006

Provides for the protection of both women and children

from domestic violence and abuse in all its forms.

Goa Children’s Act, 2003

Provides a detailed definition of trafficking as well as

provisions concerning the punishment for abuse and
exploitation of children. Unfortunately only pertains to the
state of Goa.

29
 Effects of Child Trafficking
Children who are trafficked, whether for sex work, forced labour or other forms of exploitation, directly experience
a wide range of physical, psychological, emotional and social effects on their lives, some of which can make them
unable to lead a healthy and normal life even after being rescued.19

Physical Effects
• HIV/AIDS and other sexually transmitted diseases
(particularly in the case of children trafficked for sex
work)
Psychological and Emotional Effects • Beating and mutilation, food deprivation and
• Shame, guilt, low self-esteem caused by the malnourishment
experience of abuse as well as social stigma • Numerous forms of physical and mental depletion
• Feelings of betrayal and reluctance to trust caused by drugging (used to maintain control over
others children trafficked for begging)

• Nightmares, hopelessness, depression, and in

some cases suicide attempts

Social Effects
• Alienation, social stigma, rejection by communities
and families
• Inability to find willing spouses later in life, inability to
find jobs
• Increased vulnerability to re-trafficking and
revictimisation due to social alienation

30
Resources for Parents
http://www.hrln.org/issue.php?id=74
Human Rights Law Network Official Site, Trafficking Section

http://www.hrln.org/issue.php?id=3,Child%20Rights
Human Rights Law Network official site, Child Rights Section

http://www2.ohchr.org/english/law/crc.htm
Full text of the UN Convention on the Rights of the Child

http://www.childinfo.org/
Comprehensive information on child rights, as well as initiatives
concerning education, health and general welfare of children
(maintained by UNICEF)

http://www.unicef.org
Official site of the UN International Children’s Emergency Fund
(UNICEF)

31
For Children
 “Child Trafficking interventions must see children as key
actors, not as passive recipients of assistance. They should
give priority to enable children to actively participate in
claiming their rights...” 20
- CACT (Campaign Against Child Trafficking)

34
What is Child Trafficking?
Trafficking in persons is a very complicated crime that takes place in many forms all
over the world. It is a form of slavery in which both children and adults are taken from
their homes and forced to do a variety of harmful activities against their will. ‘Child
Trafficking’ refers specifically to this crime when it affects children, or anyone under
the age of 18. It is extremely important for you to know about the dangers of trafficking
and ways to protect yourself against them. By learning about Human Trafficking, as
well as the rights and laws that exist to protect you from it, you can be a key part of
combating this multinational crime.

35
 Know Your Rights!
As a child, you are a very important part of society – you represent the future of India.
Because of your key role in the world, you have special rights that exist just to protect
you from harm; therefore, make sure that you can live your life in a happy and healthy
environment.
A ‘right’ is something that, by law, should be guaranteed to you. For example, the right
to education means that it is the duty of the government to make sure that you get an
education.
Unfortunately, sometimes your rights are not protected properly. This is why it is especially
important for you to know your rights. This way, you will know when your rights are being
threatened or violated. It is very important to remember that if your rights are violated, it is
never your fault.

36
These are some of the rights that protect you from Human Trafficking…

Right to Protection Protection from

from Economic all forms of Sexual
Exploitation Exploitation
This protects you from being This right protects you from
forced to do any kind of work being made to perform any
that is harmful to you in any sexual acts.
way, or that interferes with your Right to Life and
education. Personal Liberty
This right is guaranteed to
all Indian citizens under
the Constitution. In this
case, ‘life’ means not only
being alive, but also having
proper freedom and dignity.
Prevention from
Therefore, any action that
Protection from being being trafficked
harms your freedom or dignity
used in the transfer of is a violation of this right. This right is enshrined in
drugs and narcotics the UN Convention on
the Rights of the Child. It
This right prohibits others
protects you directly from
from making you participate
being trafficked for any
in the smuggling of drugs and
purpose.
illegal substances.

37
 Dos and Don’ts for Kids…

Don’t:
Do: Don’t Be
Talk about Ashamed. If you are
it! Talk to your a victim of trafficking, it is
friends, family and not your fault. By speaking
teachers and help up and telling your story,
others learn how to you can help in the
fight trafficking fight to stop Child
Trafficking.

Do:
Don’t: Get Help.
Don’t Trust If you are being
Strangers. Never mistreated at home, or
agree to go anywhere feel that your rights are
with or do anything for being violated, ask for help
someone you don’t from HRLN or another
know. organisation that deals
with child rights.

38
Resources for Children
Human Rights Law Network
www.hrln.org
Learn more about your rights, and the work HRLN does to protect them. You can also
contact us for help, if you are in trouble or your rights have been violated. See the
final pages of this book for our full list of contacts and information.

CHILDLINE India
www.childlineindia.org.in
CHILDLINE India assists children in distress all over India. Their emergency helpline
can be reached at any time, day or night, by calling 1098 (toll free).

39
 What Can We Do?
As a citizen of
Spread the word...
India, and more
importantly as a
citizen of the world,
you can be a part
of the global fight
against Human
Trafficking. By taking
initiative to learn and
help others learn
about trafficking, you
Spread the word! Make posters
are empowering and
or pamphlets on anti-trafficking, or
protecting yourself
just talk to your friends and family. By
and others from the
helping others to understand Human
dangers posed to all
Trafficking, you are fighting one of the root
of us by this sinister
contributors: a lack of awareness.
crime.
Take Action! Get involved with an Anti-trafficking
organisation near you, and work on the frontlines in
the fight against Human Trafficking.
Speak Up! If you encounter a situation that looks
suspicious, or know of any case in which you believe
someone is being exploited or trafficked, contact the police,
HRLN or any other reputable anti-trafficking agency. You may
be able to save someone from being trafficked.
 Endnotes

1. Campaign Against Child Trafficking (CACT); HAQ Centre for Child Rights. Combating Child Trafficking, A User’s Handbook. Delhi,
2007
2. Ibid.
3. United Nations Office on Drugs and Crime (UNODC). Global Report on Trafficking in Persons, February 2009.
4. Nag, Moni. “AIDS in India”, Economic and Political Weekly, Vol. 36, No. 42 (Oct. 20-26, 2001), pp. 4025-4030
http://www.jstor.org/stable/4411265
5. Ibid.
6. National Domestic Workers Movement. Unheard, Unseen, Unreached: Child Domestic Workers. Mumbai, 2001
7. United Nations Global Initiative to Fight Trafficking (UN.GIFT). Human Trafficking, an Overview. New York, 2008
8. Ibid.
9. Human Rights Law Network (HRLN). Trafficking and the Law. New Delhi, 2006
10. Supra 7.
11. HAQ; Centre for Child Rights. Stop Child Trafficking: A Handbook for Parliamentarians. New Delhi, 2005
12. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000), Article 2(c). untreaty.un.org/
English/notpubl/18-12-a.E.doc
13. Supra 3.
14. Supra 3.
15. Supra 1.
16. Supra 3.
17. Supra 11.
18. Adenwalla, Maharukh. Child Sexual Abuse and the Law. Human Rights Law Network, Delhi, 2008.
19. Supra 11.
20. Supra 1.

42
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44
Human Trafficking is the trade and transport of human beings for the purpose of exploitation and financial gain. Victims
of Human Trafficking are lured or forced into the hands of traffickers through coercion and deceit, transported to new

COMBATING
locations – often far from their place of origin and once trafficked, subjected to a wide range of severe and harmful
exploitation and abuse. Although Human Trafficking is illegal under national and international law, the practice is still
rampant throughout the world and exists in India in many forms. At present, it is estimated that trafficking in persons is
the third largest illegal industry in the world, after the trafficking of narcotics and arms.1 As Human Trafficking is a highly
lucrative business, networks of involvement in the practice are widespread throughout the country and often extend
to include law enforcement officers themselves, as well as other high-ranking officials. Thus, those involved in Human
Trafficking are often extremely difficult to apprehend, and the ongoing prevalence of the abhorrent and demoralising
HUMAN
TRAFFICKING
trade poses a continuous threat to every one of us. The most vulnerable, and therefore, most common victims of Human
Trafficking are women and children. A wide variety of social, economic and political factors contribute to the increased
vulnerability of women and children, as well as a high demand for both. Victims are drawn from rural areas as well as urban
centres across the country, affecting each and every member of society, whether directly or indirectly. It is, therefore, up
to us to take an active role in the prevention of Human Trafficking in order to protect ourselves and our children.
A Handbook for Women,
Parents and Children

576, Masjid Road, Jangpura, New Delhi–110014, India

Ph: +91-11-24379855/56
E-mail: publications@hrln.org