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Immoral Trafficking of Minor Girl Child in India & Laws to protect them

Trafficked minor girl children are used for prostitution, forced into marriage, illegally adopted, used as cheap or unpaid labour, used for sport and organ harvesting. Some children are recruited into armed groups. Minor girl Child prostitution has the highest supply of trafficked children.

Immoral Trafficking of Minor Girl Child in India & Laws to protect them

In the light of that, I am delighted to share this article on the Child Trafficking in India especially minor girl. As we all know sound evidence, hard facts and statistics should underpin action and this article aims to do just that. It is indeed shocking that government figures state that every eight minutes a child goes missing in India and forty percent of them are never found! Another statistic hard to come to terms with is that Of the three million people engaged in sex work, more than forty percent of them are below the age of eighteen years, some as young as five. Many trafficked children remain unreported, untraced and invisible. Though some statistics are available, they are inconsistent and huge chunks of data are missing. Without consistent, comparative, scientific data to capture the real scale of child trafficking in India, the efforts to limit this growing crime remains fragmented and under resourced. These crimes are occurring worldwide. Trafficked minor girl children are used for prostitution, forced into marriage, illegally adopted, used as cheap or unpaid labour, used for sport and organ harvesting. Some children are recruited into armed groups. Minor girl Child prostitution has the highest supply of trafficked children.

The main objectives of present research paper is:
1. To examine the causes and modes of child trafficking in India especially minor girl child.
2. To analyse the crimes related to trafficking in India.
3. To suggest Preventive measures regarding child trafficking in India and laws to protect the minor girl child.

In my analysis, whilst numbers are important it is the individual lives and stories of children that continue to haunt me and push me to remain committed to this cause. Ayesha (name changed), a young woman who we have supported, has lived and fought through nights of getting raped, is now attending college and dreams of joining the performing arts. Or Devi (name changed), who was married as a minor, sold by her husband, spent months in a brothel and forced to give up her child for adoption. Devi now goes to school and dreams of getting reunited with her child one day.[2]

Children from different geographical areas: West Bengal, Bihar, Jharkhand, Assam, Delhi, Bangalore and Kerala have fallen victims. Children from Nepal, for instance, have been rescued from rat-hole coal mines in Meghalaya[3]; girls from Assam have been found to be married to men in Haryana as there are not enough girls in the state; and children from Tamil Nadu have been kidnapped and sent to Europe.[4] Girls find themselves in Goa's spas and parlours where they are forced to cater to needs that exceed massage and health treatments.

National Human Rights Commission (NHRC) constituted a committee to look into the issue of "Missing Children" "in order to put an end to this callous indifference and insecurity with regard to the protection of children and to prevent more lives from being lost in similar crimes". The Report of the NHRC Committee on Missing Children (June 2007)[5] states:

"The revelations at Nithari exemplify that missing children may end up in a variety of places and situations –killed and buried in a neighbour's backyard, working as cheap forced labour in illegal factories/establishments/homes, exploited as sex slaves or forced into the child porn industry, as camel jockeys in the Gulf countries, as child beggars in begging rackets, as victims of illegal adoptions or forced marriages, or perhaps worse than any of these as victims of organ trade and even grotesque cannibalism as reported at Nithari."

Concept of Child Trafficking

According to UNICEF is "Child Trafficking" defined as "any person under 18 who is recruited, transported, transferred, harboured or received for the purpose of exploitation, either within or outside a country." [6]

There have been a lot cases where children just disappear overnight, as many as one every eight minutes, according to the National Crime Records Bureau.[7]

India also is a source, destination, and transit country for trafficking for many purposes such as commercial sexual exploitation. Trafficking is within the country in large scale but there are also a large number trafficked from Nepal and Bangladesh. But 40% of prostitutes are children, and there is a growing demand for young girls in the industry.

NGOs evaluate that 12,000 - 50,000 women and minor child are trafficked into the nation yearly from neighbouring states for the sex trade. Many minor girls are trafficked from Bangladesh and Nepal. An expected 1,000 to 1,500 Indian children are imported illegally out of the nation consistently to Saudi Arabia for asking amid the Hajj. Trafficking Andhra Pradesh, Karnataka, West Bengal and Tamil Nadu have the biggest number of individuals trafficked. Minor girl trafficking is high in Rajasthan, Assam, Meghalaya, Bihar, Uttar Pradesh, Andhra Pradesh, Karnataka, Tamil Nadu and Maharashtra in Intra state/ district area. Delhi and Goa are the main targeted states. Trafficking from north eastern states is high however regularly over looked. Trafficking of minor girl child the second-most pervasive trafficking wrongdoing - surged 14 times throughout the most recent decade and expanded 65% in 2014, as per new information given by the National Crime Records Bureau (NCRB).

Causes and Modes of Trafficking in India

There are several contributing factors for trade in human beings particularly in women and girl child. The factors of trafficking in women and girl child can be described as: poor socio-economic conditions of a large number of families, poverty coupled with frequent, almost annual natural disasters like floods leading to virtual destitution of some people, lack of education, skill and income opportunities for women (and for their family members) in rural areas, absence of awareness about the activities of traffickers, low status of girl children, etc. It appears from the case studies that extreme poverty.

The other factors are: lucrative employment propositions in big cities, easy money, promise of better pay and a comfortable life by the trafficking touts and agents, demand of young girls for marriage in other regions, demand for low-paid and underage sweat shop labour, growing demand of young kids for adoption, rise in demand for women in the rapidly expanding sex industry, demand for young girls in places of military concentration like Kashmir in India in recent times, demand for young girls for sexual exploitation as a result of the misconception that physical intimacy with young girls reduces men's chances of contracting HIV/AIDS, or of them with that sex with a virgin can cure HIV/AIDS and impotence.

The rampant practice of female feticide in the northern states of Haryana and Punjab has also fuelled internal trafficking. Since there is a shortage of women in these states having a low female to male ratio, they have become fertile ground for the operation of traffickers. Traffickers procure girls from faraway states like Assam and Orissa; trick their families into believing they are to be married, only to later push them into prostitution. India is also experiencing rapid changes in economic, political, demographic and labour trends as an outcome of globalization, increasing demand for cheap labour and heavy population growth in the region encourages migration whether legal or illegal. The movement of young girls and women from Bangladesh and Nepal into Indian brothels is common.

There is further movement of these women and girls to the Middle East as well as other destinations. At times of hardship, this starts out as illegal migration and ends up as trafficking. Such migration occurs in the backdrop of supply and demand in the sending and receiving countries. The supply side is associated with structural inequality, poverty, illiteracy and lack of opportunities for livelihood, whereas the demand rises from the need of cheap labour in the destination. Usually people from the poorer countries like Bangladesh and Nepal are at risk of exploitation and are trafficked to their neighbouring country India. An assessment study on sexually exploited children and youth by the Economic and Social Commission for Asia and Pacific (ESCAP) shows that in South Asia young girls from certain rural areas of Bangladesh, India and Nepal are trafficked for marriage and then sold into prostitution.

The major problem also faced by the poor families in India is the members' limited ability to communicate outside their place of residence. Many of them are illiterate cannot read or write. So they depend on others for sending letters or making phone call to their relatives. Often the guardians of law do not support the victims. It has often been alleged that police harass the victims more than those who have committed the crime. All these limitations not only make the socially and economically deprived sections of society vulnerable to trafficking, but also explain why re-trafficking is so rampant in our society. Apart from the increased demand of cheap labour in the production sector, globalization has played a major part for the growth of tourism business and entertainment industries the world over. As a result, the sex related trades like sex tourism have registered rapid growth.

At the same time, rising male migration to urban areas as well as stressful working conditions of the Business Process Outsourcing (BPO) sector workers have also contributed to a growing demand for commercial sex in the cities Our experience also reveals that trafficking is closely associated with child marriage. In a traditional village community, there is a stigma attached to single women. Inability to arrange the marriage of a daughter is a cause of embarrassment and matter of shame for the parents. In this situation, when the traffickers approach the poor families with marriage proposals (sometimes with cash rewards between Rs.1000–5000 on an average) minus dowry, the parents find it hard to refuse the offer. After marriage, the girls sold and resold, until she reaches the ultimate destination. Apart from child marriage, other modes of trafficking are fake marriage, false recruitment, kidnapping and abduction of children, transportation of children with the consent of guardians, adoption of children, using poor families with jobs and better living condition in cities.

Crimes related to Human Trafficking in India

Heads of crimes which are related to human trafficking:
· Procuration of minor girls (section 366-A IPC)
· Importation of girls from foreign country (Sec. 366B IPC)
· Buying of minors for prostitution (section 373 IPC) (previously known as buying of girls for prostitution)
· Selling of minors for prostitution (Section 372 IPC) (in previous editions, information was gathered under purchasing of minor girl for prostitution)
· Immoral Traffic (Prevention) Act 1956
· Human trafficking (section 370 & 370A IPC), after enactment of the Criminal Law (Amendment) Act 2013, the Bureau has also started collecting data under these sections.

Laws to protect victim from Trafficking in India

NGO's estimate that 12,000-50,000 women and children are trafficked into the country annually from neighboring states for the sex trade.[8]Trafficking of child minor girl is not a new phenomenon. Historically, it has been linked to slavery and prostitution which involved the sale and purchase of human beings as chattel, treating them as commodities that could be bought and sold. The owner maintained absolute rights over the slaves, who were considered his private property.

Many Indians minor girls are trafficked everyday to some destination or the other and are forced to lead lives of prostitution and slavery.

Constitution of India:
Indian constitution provides some provisions for child trafficking.

Article 23, of the constitution of, prohibits "traffic in human beings and other similar forms of forced labor".

Article 24 said that "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment."

Though there is no concrete definition of trafficking, it could be said that trafficking necessarily involves movement /transportation, of a person by means of coercion or deceit, and consequent exploitation leading to commercialization.

Moreover, the Directive Principles of State Policy articulated in the Constitution are also significant, Article 39(e) provides 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. Also, Article 39(f) imposes a duty on the State to direct its policy towards ensuring that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Indian Penal Code;
The major penal law Indian Penal Code (IPC), 1860, deals with the offences of kidnapping, abduction, and buying and selling of minors (Sections 359-373 of IPC).

· Section 363-A: Kidnapping for begging: - the section punishes kidnapping or maiming a minor for the purpose of begging shall be punishable with imp.

· Section 366-A: Procuration of minor girls: - Whoever, by any means whatso­ever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.[9]

· Section 366-B: Importation of girls: - Whoever imports into India from any country outside India or from the State of Jammu and Kashmir any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.[10]

· Section 369: Kidnapping child for stealing from its person: child under 10 years of age only- Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishon­estly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.[11]

· Section 372: Selling of girls for prostitution:- Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.

Explanation I- When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation II.—For the purposes of this section "illicit inter­course" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.

· Section 373:  Buying of girls for prostitution:- Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be employed or used for any purpose, shall be pun­ished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation I.—Any prostitute or any person keeping or manag­ing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the con­trary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

Explanation II.—"Illicit intercourse" has the same meaning as in section 372.

· Section 370: Trafficking of persons
1. Whoever for the purpose of exploitation (a)recruits (b)transports (c)harbours (d)transfers or (e) receives a person or persons by-
i. using threats or

ii. using force or any other form of coercion or

iii. by abduction or

iv. by practicing fraud or deception or

v. by abuse of power or

vi. by inducement including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.

I. The expression ‘exploitation' shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.

II. The consent of the victim is immaterial in determination of the offence of trafficking.

2. Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than 7 years, but which may extend to 10 years, and shall also be liable to fine.

3. Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

4.Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

5.Where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.

6. If a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

7. When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.[12]

Immoral Traffic (Prevention) Act, 1956

The Immoral Traffic (Prevention) Act of 1986 (ITPA), colloquially called PITA, an amendment to SITA the Suppression of Immoral Traffic in Women and Girls Act of 1956 (SITA) and The "child" under ITPA means a person who has not completed the age of sixteen years and "prostitution" means the sexual exploitation or abuse of persons for commercial purposes.

1. Section 3 : Stringent action and punishment for keeping a brothel or allowing premises to be used as a brothel

2. Section 4 : Living on the earnings of prostitution

3. Section 5 : Procuring, inducing or taking a person for the sake of prostitution

4. Section 6: If any person is found with a child in a brothel it shall be presumed, unless the contrary is proved, that he has committed an offence of detaining a person in premises where prostitution is carried on. The punishment consists of imprisonment of either description for a term which shall not be less than 7 years

5. Section 21: Establishment of protective homes by the State Government
Neither law prohibits prostitution per se, but both forbid commercialized vice and soliciting. Aside from lack of enforcement, SITA is problematic in several ways. One of negative drawback is that the prescribed penalties discriminate on the basis of sex: a prostitute, defined under SITA as always a woman, who is arrested for soliciting under SITA could be imprisoned for up to a year, but a pimp faces only three months.

India is said to have adopted a tolerant approach to prostitution whereby an individual is free to carry on prostitution provided it is not an organized and a commercialized vice. However, it commits itself to opposing trafficking as enshrined in Article 23 of the Constitution which prohibits trafficking in human beings. India is also a signatory to international conventions such as the Convention on Rights of the Child (1989), Convention on Elimination of all forms of Discrimination Against Women (1979), UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000) and the latest South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (2002).

Juvenile Justice (Care and Protection of Children) Act, 2015

It has been passed by Parliament of India. It aims to replace the existing Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, so that juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, can be tried as adults. The Act came into force from 15 January 2016. It was passed on 7 May 2015 by the Lok Sabha amid intense protest by several Members of Parliament. It was passed on 22 December 2015 by the Rajya Sabha. The bill introduced concepts from the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993 which were missing in the previous act.

The bill introduces foster care in India. Families will sign up for foster care and abandoned, orphaned children, or those in conflict with the law will be sent to them. Such families will be monitored and shall receive financial aid from the state. In adoption, disabled children and children of physically and financially incapable will be given priority. Parents giving up their child for adoption will get 3 months to reconsider, compared to the earlier provision of 1 month.[13]

A person who gives alcohol or drugs to a child shall be punished with 7 years imprison and/or Rs. 100,000 fine. Corporal punishment will be punishable by Rs. 50,000 or 3 years of imprisonment. A person selling a child will be fine with Rs. 100,000 and imprisoned for 5 years.

Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016 [14]
The draft Bill has taken into account the various aspects of trafficking and its punishments as defined in section 370- 373 of Indian Penal Code, 1860 and aims to include other offences/ provisions which are not dealt with in any other law for the purpose of trafficking, such as (1) penal provisions for the disclosure of identity of the victim of trafficking and witness (2) use of narcotic drug or psychotropic substance or alcohol for the purpose of trafficking (3) use of chemical substance or hormones for the purpose of exploitation. The draft Bill has also taken into its ambit the ‘placement agencies' by making mandatory for them to also register for the purposes of this Act.

The draft Bill provides for mandatory reporting within 24 hours by a Police Officer, Public servant, any officer or employee of Protection Home or Special Home having custody of the victim of trafficking to the District Anti-Trafficking Committee or in case of child victim to the Child Welfare Committee. For the effective implementation of the proposed Act and for the welfare and rehabilitation of the victims an Anti-Trafficking Fund will be created.

Some States also enacted their own Acts:
Karnataka Devadasi (Prohibition of Dedication) Act, 1982: Act of dedication of girls for the ultimate purpose of engaging them in prostitution is declared unlawful whether the dedication is done with or without consent of the dedicated persons.

Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989: Penalty of imprisonment for three years and fine are stipulated in respect of anyone, who performs, promotes, abets or takes part in Devadasi dedication Ceremony.

Lastly, in Goa Children's Act, 2003, trafficking is specially defined; every type of sexual exploitation is included in the definition of sexual assault; responsibility of ensuring safety of children in hotel premises is assigned to the owner and manager of the establishment; photo studios are required to periodically report to the police that they have not sought obscene photographs of children; and stringent control measures were established to regulate access of children to pornographic materials.

Criminal Law Amendment Act, 2013

The recent Criminal Law Amendment Act, 2013 recognises trafficking as an offence in the Section 370 of the Indian Penal Code. This is on similar lines as the Palermo Protocol, ratified by India in May 2011, following a Supreme Court judgement defining trafficking in public interest litigation (PIL) field by Bachpan Bachao Andolan in 2011. The bill targets the entire process that leads to trafficking of a person and also makes the employment of a trafficked person and subsequent sexual exploitation a specific offence under Section 370 A. While the old section 370 of Indian Penal Code dealt with only buying or disposing of any person as a slave the new section will take in its purview buying or disposing of any person for various kinds of exploitation including slavery. This provision includes organ trade as well. As the explanation further clarifies "exploitation" would also include prostitution. This is in addition to the ITP Act, 1956.

The new section also ensures that persons involved at each and every stage of trafficking chain are brought within the criminal justice system. Also by specifically including that if a person is brought with his/her consent, where such consent is obtained through force, coercion, fraud, deception or under abuse of power, the same will amount to trafficking, the law has been substantially strengthened. This will cover all situations where girls who happen to be major are duped with promises of marriage and willingly accompany the traffickers who exploit them in various ways. It has also been specifically added in the provision that consent of the victim is immaterial for the determination of the offence.

The new section also differentiates the instances of trafficking major persons from minor persons. This differentiation is brought about by providing separate penalty for each with higher minimum sentence for trafficking minor persons. In addition the section also provides for enhanced punishment for repeated offender as well as where the offender traffics more than one person at the same time. By providing that trafficking in minor persons on a repeated conviction will attract imprisonment for life (meaning the remaining natural life) the law has been substantially changed. This will surely act as a big deterrent. Involvement of a public servant including a police officer shall entitle him to life imprisonment which shall mean the remaining natural life. Section 370A further adds strength to trafficking related law by criminalizing employment of a trafficked (major/minor) person. A person who has reason to believe or apprehension that the minor/major person employed by them has been trafficked will make them criminally liable. This places a huge responsibility on the employers who were till now, let off easily under the not so strict provisions of the child labour laws and juvenile related laws. Here also a higher minimum prison term is prescribed where a minor person is involved. Also important is the fact that irrespective of age of the person employed, simply employing a trafficked person is an offence. This provision will go a long way in ensuring that people verify the antecedents of the placement agencies as also get the police verification of the persons employed. This will also aide in curbing the huge demand for labour who are victims of unsafe migration.

International Laws
International laws lay down standards that have been agreed upon by all countries. By ratifying an international law or convention or a covenant, a country agrees to implement the same. To ensure compatibility and implementation, the standards set forth in these international conventions are to be reflected in domestic law. Implementing procedures are to be put in place as needed and the treaties must be properly enforced.

The following are the most important International Conventions regarding trafficking of children:
1. The Convention on the Rights of the Child, 1989.

2. The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000.

3. The Convention on the Elimination of All forms of Discrimination against Women, (CEDAW) 1979.

4. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

5. Declaration on Social and legal principles relating to the Protection and Welfare of Children, with special reference to Foster placement and adoption Nationally and Internationally, 3 December, 1986.

6. SAARC Convention on Regional Arrangement for the Promotion of Child Welfare, 2002.

Role of State
· Government at local level and source areas should create compulsory high quality education, employment opportunities and income generation programme.
· Government should produce relevant IEC materials; promote sensitization programmes or teachers in government schools, parents and community workers.
· Government should include gender centred education curricula in schools and introduce subjects of child sexual abuse and trafficking.
· The government of different nations must share the information with each other to evolve a programme that will help both the countries in preventing trafficking.

Role of NGOs

· The community should be sensitized about trafficking the community members should be motivated to keep a watch in the community for irregular movement of child victims to and from area their possible traffickers and hideouts.

· NGOs working in the rural areas should ensure that parents are aware of safe migration practices.

Role of Media

Media attention reaches several hundred thousand viewers and should therefore serve the following important functions:
· The media should transmit appropriate message to ensure that the victims learn that they are not alone.
· Victims can be made aware of places and institutions where they can seek help.
· Create awareness that human trafficking is inappropriate and illegal and has negative consequences.
· Wide publicity should be given regarding the legal, penal provisions against trafficking and the modus operandi of the traffickers through radio, television etc.

Awareness and Advocacy
· Awareness and advocacy is required at the policy level i.e. National Planning Commission, bureaucrats, politicians and the elite of the society. Awareness at the local level, in the community through workshops, songs, drama, poems, meetings, leaflets and posters especially in the rural areas is also required.

· The role of gender in daily life and training programmes and activities for gender sensitization must be conducted by NGOs. The key to prevent trafficking in children and their exploitation in prostitution is awareness among the children, parents and school teachers.

· The government must launch media campaigns that promote children's right and elimination of exploitation and other forms of child labour.

· Police advocacy is an important intervention that has to be fine-tuned

In the fight against trafficking government organizations, non-governmental organizations, civil society, pressure groups, international bodies, all have to play an important role. Law cannot be the only instrument to take care of all problems.

The article covers the sources of trafficking i.e. countries, regions and areas, characteristics of traffickers and trafficking victims, forms of violence against trafficked victims, magnitude of trafficking, reasons for trafficking, structural factors for trafficking, places used for prostitution, types of prostitutes, link between migration and prostitution, types of sex tourism and reasons for sex tourism, link between poverty and trafficking, link between lack of women empowerment and trafficking, impact of trafficking on individuals, family and household, health problems of trafficking victims, implications of repatriation of trafficking victims, legal implications of trafficking and role of state in preventing trafficking and reasons for failure in preventing the trafficking. Certain court judgments have also been referred in the review for having a holistic view of the issue of human trafficking. It is very important to record that, not many academics ventured into this area of research, as collecting data and information are difficult from the original sources of trafficked victims, who, generally, refuse to share information. Hence, most of the studies reviewed here include reports, monographs and court judgments.

1. Prof. T. Bhattacharya. The Indian Penal Code, 7 edition 2013, Central Law Agency.
2. Child Trafficking In India: A Concern, by Dr. (Mrs.) Intezar Khan, Department of Social Work, Jamia Millia Islamia, New Delhi.
3. Crime in India, 2004, NCRB, Ministry of Home Affairs, Government of India.
4. The Juvenile Justice (Care and Protection of Children) Act, 2015.
5. The Immoral Traffic (Prevention) Act, 1956.
6. Advani Dr. Purnima, Member, National Commission for Women, 2000 ‘Impact of Tourism on Children's Delhi'.
7. Govt. of India, 1991, Central Social Welfare Board report on Trafficking, Delhi.
8. HAQ, Centre for Child Rights, 2001, Child Trafficking in India.
9. Krishnan, Sunita and Jose Verticattil, 2001, A Situation Report: Trafficking for Commercial Sexual Exploitation, India.

[1] LECTURER- St. Wilfred law college, ajmer email- [email protected]
[2] Raj, Dr. Pushkar. The Story of the Poor Who Lost Their Children. Rep. People's Union for Civil Liberties, Feb. 2007. Web.Mar. 2016.
[3] Staff Reporter. "Horrendous Truth of Coal Mines of Joint a Hills." Meghalaya Times. N.p., 30 Mar. 2012. Web.
[4] Rahman, Shaikh Azizur. "Indian Children Stolen for Adoption." The National Abu Dhabi Media, 29 June 2010. Web. Feb. 2016.
[5] Sharma, P.C. Report of the NHRC Committee on Missing Children. Rep. Child line India, 2 July 2007. 10-11.Web. 4 Jan. 2016.s
[9] The Indian penal code, 1860- T. Bhattacharya page no. – 582, 7 edition 2013
[10] page no. – 582 of Indian penal code, 1860- T. Bhattacharya, edition 2015
[11] Book - The Indian penal code, 1860- T. Bhattacharya, page no. 581, 7 edition 2013
[12] Bare act- Indian penal code, 1860

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