Human Trafficking and Fundamental Rights

This Research Paper is written by Nimisha Gautam, a Third Year B.A LL.B (Hons.) Student at PES Modern Law College Pune, Maharashtra.


The Present Paper Aims At Human Trafficking And Fundamental Rights Of Human. Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery or commercial sexual exploitation for the traffickers or others. Human Trafficking Is The Most Serious Offence And It Is A Grave Violation Of Human Right Which Is Spreading Rapidly. There Are Some Fundamental Rights Which Covers Human Trafficking and It Is Included in Indian Penal Code as a serious offence. Human trafficking is the third largest crime industry in the world behind drug dealing and arms trafficking and there are certain measures and acts are taken to prevent Human Trafficking.


“A Man Cannot Be Comfortable Without His Own Approval” – Mark Twain

Human life is priceless. Human trafficking is a group of crimes involving the exploitation of men, women and children for financial gains which is violation of fundamental rights. People smuggling (also called human smuggling) is a related practice which is characterized by the consent of the person being smuggled. Trafficked people are held against their will through acts of coercion and forced to work for or provide services to the trafficked or others. Every year, Thousands of Men, Women and Children Fall into the Hands of Traffickers in Their Own Countries.


Almost Every Country In The World Is Affected By Trafficking Whether As A Country Of Origin Transit Or Destination Of Victims. It Is An Illegal Trade Of Human For The Different Purposes Like Domestic Servitude, Sexual Slavery Or Commercial Sexual Exploitation For The Traffickers Or Others. It Is The Most Prominent Way To Earn Money By Selling Organs And Women Or Children From One Place To Another.

In Human Trafficking, Every Victim Has A Different Story Of Victimization. Various Promises Are Made To Victims Of Trafficking To Obtain Their Consent And Also Give Them The Confidence Of Better Future At Destination Place. There Are Different Ways For Human Trafficking Like Coercion For Adults And Kidnapping For Children. Children and Adults Are Trafficked for Labor and Sex Slaves to Serve in Brothels, Escort services, Begging, Organ transplant and Terrorist Area.

In The Country, Poverty Or Lack Of Education Is The Main Cause Of Human Trafficking. Traffickers Misuse The Trust Of Poor Parents Who Can’t Afford The Education Of Their Children In False Believe That They Will Train Their Children. Human Trafficking Is Kind of Cancer, It Not Only Affects Human Body But Destroys Human Soul Too, It Goes Beyond Individual Victims and Undermines the Safety and Security of All Nation. Modern Slavery is Something Still Prevalent in Our Society. Almost Every Country In The World Is Affected By Trafficking. Human trafficking is condemned as a violation of human rights by international conventions. [1]According to a report by the U.S. State Department-Belarus, Iran, Russia and Turkmenistan remain among the worst countries when it comes to providing protection against human trafficking and forced labor.

 India Has A Very High Rate Of Child Trafficking. As Many As One Child Disappears Every Eight Minutes, [2]According To The National Crime Records Bureau, In Some Cases Children Are Taken From Their Homes To Be Bought And Sold In The Market. According To The Estimates, Human Trafficking In India May Affect Between 20 And 65 Million People. Women And Girls Are Trafficked Within The Country For The Purposes Of Commercial Sexual Exploitation And Forced Marriage Especially In Those Areas Where The Sex Ratio Is Highly Skewed In Favour Of Men. This Is Definitely Seen As A Growing Issue In Asia, With The Many Children That Are And Continued To Be Trafficked And Exploited For Many Reasons. In India Specifically, It Is Estimated That There Are Around 135,000 Children Trafficked Each Year.

[3]In 2005, A Study Was Conducted By The National Human Rights Commission Of India (Nhrc) After They Received An Alarming Number Of Reports From The Press, Police, And Non-Government Organistions (NGO’s) About The Rise Of Human Trafficking In India. Almost 20,000 Children And Women Were Subjected To Human Trafficking In 2016. This Is Nearly 25% Rise From 2015. The State within India Which Has The Most Child Trafficking Is Assam, Holding 38% Of the Nation’s Cases. India hass the highest Human Trafficking Rates in Asia and California Has the Highest Human Trafficking Rates in U.S.

In 2014, the International Labor Organization estimated $ 150 billion in annual profit is generated from forced labor alone. Human Trafficking is a national threat as it blocks national growth and development. [4]The Definition Contained In Article 23(1) Of the Constitution of India 1949 States That-

Traffic In Human Beings And Beggar And Other Similar Forms Of Forced Labor Are Prohibited And Any Contravention Of This Provision Shall Be An Offence Punishable In Accordance With Law.

Nothing In This Article Shall Prevent The State From Imposing Compulsory Service For Public Purposes And In Imposing Such Service The State Shall Not Make And Discrimination On Grounds Only Of Religion, Race, Caste Or Class Or Any Of Them.

There are various laws, acts and provisions to counter the offence of human trafficking. Strict Action Should Be Taken In Case Of Violation Of The Fundamental Rights. Several Acts Like Bonded Labor Abolition Act 1976 and Child Labor and Regulation Act 1980 Are Also Included. The Juvenile Justice (case and protection of children) act 2000 also focuses on child protection from modern slavery.

The Scheduled caste and the Scheduled tribes (atrocities) Act 1989 states that many victims of trafficking belong to Marginalized groups. Traffickers target only backward area because there people does not have much knowledge of law and they easily get their targets. Section 3 of this act deal with atrocities committed against people belonging to scheduled caste and scheduled Tribes. It covers some form of trafficking such as forced labor or bonded labors and sexual exploitation of women. A minimum punishment of nine months is provided which may extend to five years if the offence covered under Section 3.

[5]Human Trafficking Is A Criminal Offence Which is  Included In IPC, Section 370 And 370A Which Deals With Buying And Disposing Of Any Person As A Slave And The Section Provides That Whoever Imports, Exports Removes , Buys , Sells Or Disposes Of Any Person As A Slave Or Accepts Receives Or Detains Against His Will Any Person As A Slave Shall Be Punished With Imprisonment Of Either Description  For A Term Which May Extend To Seven Years And Shall Also Be Liable To Fine. The Position Of The Section Stood Prior To Section 8 Of Criminal Law Amendment Act, 2013.  Prostitution Is Not Included In Human Trafficking.

Forced Labor Or Services And Slavery – Section 370 Covers All The Aspects Of Forced Labour Under The Ambit Of Exploitation And Also All Aggravated Forms Of Slavery.

In India, Child Labor Is The Most Serious Offence. Child Labour Violates The Fundamental Rights Of Children. Most of the Children Working in Hazardous Industries like Fire Crackers and Drugs Smuggling Etc. Called hazardous child labor. Hazardous child labour is work in dangerous or unhealthy conditions that could result in child being killed or injured or made I’ll as a consequence of poor safety and health standards and working. It can result in permanent disability, ill health and psychological damage.

There Are Certain Constitutional And Legislative Provisions Related To Trafficking In India Which Are:-

The Immoral Traffic (Prevention) Act 1956 Which Is the Primest Legislation for Prevention of Trafficking For Commercial Sexual Exploitation.

[6]Criminal Law Amendment Act 2013 – This Act has come into force wherein Section 370 of the Indian Penal Code has been substituted with new sections, 370 and 370A which deals with trafficking of person for exploitation. It has been strongly criticized by several human rights and women’s right organization for not including certain suggestions recommended by the Verma Committee report like marital rape, reduction of age of consent etc.

Protection Of Children From Sexual Offences (Posco) Act,2012 – Which  Came Into Effect From 14th November 2012 Is A Special Law To Protect Children From Sexual Abuse And Provides Definitions For Different Forms Of Sexual Abuse Including Penetrative And Non Penetrative Sexual Assualt, Sexual Harrasment.

Forced Marriage Is Also Included In Human Trafficking Cases. A Person Cannot Force Another Person To Perform Any Activity.

Anti-Trafficking Laws Are Also Made.

Measures To Control Human Traffficking Are – Human Trafficking Awareness Training Is Available For Individuals , Businesses, First Respoders, Law Enforcement,educators Etc  And Encourage Your Local Schools Or School District To Include Human Trafficking In Their Curriculam And To Develop  Protocols For Identifying And Reporting A Suspected Case Of Human Trafficking Or Responding To A Potential Victim.

Organise A Fundraiser And Donate The Proceeds To An Anti-Trafficking Organization and Use Social Media Platforms to Raise Awareness about Human Trafficking Using the Following Hastags #endtrafficking, #freedom First

Every Person Has The Right To Freedom Or Right To Live .human Trafficking Violates The Fundamental Rights Of A Human And Traffickers Often Target Those People Who Are Going Through A Difficult Time Or Who Lack Support System, Who  Cannot Stand For Their Rights .

Meet With And / Or Write To Local State And Federal Local, State And Federal Elected Officials To Let Them Know You Care About Combating Human Trafficking And Ask What They Are Doing To Address It.

According To The National Crime Record Bureau 8,132 Cases Recorded of Human Trafficking.


To Conclude, Slavery and human trafficking happens in nearly every country in the world, developing and developed countries. It is the serious problem in today’s society and victims have mental and physical scars. Most of the traffickers misuse the trust of victim’s family. We are now living in a world where human trafficking is the fastest growing criminal offence. We can enforce polices, prosecute the offenders under various applicable laws to combat human trafficking. However it is utmost importance that we educate every individual and change their attributes, making this world a better place for future generations.

[1] U.S Department report

[2] National crime record bureau report

[3] National human commission report

[4] Constitution of India

[5] Indian Penal Code 1860

[6] Criminial law amendment act ,2013,_2013#:~:text=The%20Criminal%20Law%20(Amendment)%20Act%2C%202013%20(Nirbhaya%20Act,laws%20related%20to%20sexual%20offences.