Human trafficking: The dark reality of India

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Human trafficking: The dark reality of India

Saturday, 29 March 2025 | Arvind P Bhanu and Kavya Tyagi

In line with July 30th as ‘World Day Against Trafficking in Persons’, India has observed January 11th to highlight the same cause as ‘Anti — Human Trafficking Awareness Day’. The day serves as a platform for governments, non-governmental organisations, and communities to collaborate in fighting trafficking. It was first observed in 2020. The theme for 2025 is “Connecting the Dots. Strengthening Communities, Preventing Trafficking”. Despite all these efforts, the situation of human trafficking in India is grim and covered with many untold stories.

Human trafficking has emerged as one of the gravest human rights violations of our time, casting a dark shadow over India’s rapid socio — economic progress. With millions falling prey to this heinous trade every year, the country grapples with a complex web of exploitation fueled by poverty, gender inequality, lack of education, and illegal migration across porous borders. Despite stringent laws and growing awareness, human trafficking remains a persistent embedded virus in society.

A report by the UN in 2020 threw light upon India accounting for 45.8 million of the world’s 142.6 million “missing females”. According to the ‘UN Global Report on Trafficking in Persons 2020’, the South Asian region had the highest total number of children trapped in human trafficking, second only to Sub-Saharan Africa.

The 2024 report states that 44 per cent of the detected victims are women, trafficked mainly for sexual exploitation, forced labour and forced marriages.

The National Crime Records Bureau (NCRB) Report, 2022 depicts that a total of 2,250 cases of Human Trafficking were registered in the year 2022 as compared to 2,189 cases in the year 2021, showing an increase of 2.8 per cent. A total of 6,036 victims have been reported to be trafficked of which 2,878 children and 3,158 adults were trafficked. These estimates are only the tip of the iceberg as numerous cases of human trafficking remain undetected due to underreporting, particularly in cases of child and sex trafficking.

After the outbreak of the COVID-19 pandemic resulted in numerous fatalities, thousands of newly orphaned children were exposed to increased danger of abuse and trafficking. The ‘Bachpan Bachao Andolan’ rescued more than 10,000 trafficked children during that time.

Economic turmoil pushed workers to accept riskier occupations or loans from unscrupulous entities. Employers then abused these workers by pushing them to work in labour — intensive positions to pay off their debts. Women employed to dry red pepper under the sun receive less than a dollar per day.

To combat this evil practice of human trafficking, India has developed an extensive legal framework. The Indian Constitution prohibits the practice of human trafficking, forced labour and child labour under Articles 23 and 24. Section 143 of the Bharatiya Nyaya Sanhita (BNS) provides penal provisions for strict punishment for any offence of human trafficking. Section 144(1) of the BNS provides for strict punishment for the offence of sexual exploitation of trafficked children.

The punishment for such offences ranges between five years to life imprisonment. The Immoral Traffic (Prevention) Act of 1956 criminalizes the trafficking of females for commercial sexual exploitation. In 2011, India ratified the United Nations Convention on Transnational Organised Crime (UNCTOC) and signed bilateral MOUs with Bangladesh, Cambodia and UAE to prevent human trafficking.

Implementing the laws has not been satisfactory, leading to slow progress and inadequate results. In Prajwala versus Union of India, 2015, the Supreme Court ordered the Ministry of Home Affairs (MHA) to establish the Organised Crime Investigative Agency (OCIA) to combat sex trafficking.

However, despite a deadline of September 30, 2016, and a scheduled operational date of December 1, 2016, the agency remains unformed, postponing effective sex trafficking prevention.

In November 2024, the Supreme Court of India chastised the Union Government for failing to establish the promised new Organised Crime Investigative Agency (OCIA). Poor quality of investigation by police leads to a low conviction rate in human trafficking cases.

The data tabled by the Ministry of Home Affairs (MHA) in response to questions in Lok Sabha revealed that the conviction rate stood at 4.8 per cent of the number of persons arrested (26,849) between 2018-2022.

Even after government orders regarding the setting up of Anti Human Trafficking Units (AHTUs) in States, many exist only on paper and are non — operational or are used for punishment postings.

The inconsistent and ambiguous laws regarding sex work actively promote the trafficking and exploitation of female sex workers.

The US Department Report on 2023 Trafficking in Persons Report sheds light on how the Government of India does not meet the standards to combat trafficking fully. In several critical sectors, the government fell short of the minimum standards.

Shortcomings in victim protection programs, particularly for children, went unaddressed and efforts to audit government — run or sponsored shelters were inadequate.

Many victims waited for years to get central government — mandated compensation.

As the world’s most populous country, India faces numerous hurdles in achieving its ambitious goal of becoming a superpower.

It is appalling that such horrific atrocities continue to occur in society. Human trafficking in India is a grim reality that has worsened over the years. The rising numbers reflect systemic failures and socio — economic vulnerabilities that need urgent attention.

There is a need to shift from a penal approach towards a human rights — based approach in trafficking cases that takes into account the agency of targeted people. Victims need to be empowered to speak their truth to do away with the social stigma and fear of retaliation by traffickers. Technology has exacerbated the problem as traffickers can connect and exploit victims through the internet. But it also provides an opportunity to combat human trafficking effectively.

Telangana Police has developed an online knowledge portal on human trafficking,

DHRUVA, which strives to create awareness amongst various stakeholders. By leveraging data — driven policies, technology, and collective action, India can hope to stem the tide of trafficking and restore dignity to its victims.

Human trafficking remains a harrowing reality in India, undermining fundamental human rights and exposing systemic socio — economic vulnerabilities. Despite legal frameworks, international commitments, and increased awareness, the persistent rise in trafficking cases underscores the gaps in law enforcement, victim rehabilitation, and policy implementation. A paradigm shift is necessary — moving from a solely punitive approach to a human rights-centric framework that prioritises victim protection, rehabilitation, and empowerment. Victims must be encouraged to break the silence without fear of retaliation, while improved digital surveillance and data — driven strategies should be employed to track and dismantle trafficking networks. The role of technology, though a double — edged sword, presents an opportunity for law enforcement and communities to counteract trafficking more effectively. Initiatives like Telangana Police’s DHRUVA platform exemplify how digital solutions can aid in raising awareness and facilitating interventions.

By strengthening grassroots engagement, enhancing legal accountability, and embracing a multi — sectoral approach, India can work toward eradicating this inhumane practice. The fight against human trafficking must be relentless, ensuring justice, dignity, and freedom for all its victims.

(Arvind P Bhanu is Additional Director Amity Law School, Noida and Kavya Tyagi, student of BA LLB, Amity University. Views expressed are personal)

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