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Jaffer Latief Najar
February 11th, 2021, human trafficking in india: how the colonial legacy of the anti-human trafficking regime undermines migrant and worker agency.
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Estimated reading time: 10 minutes
Since the beginning of COVID-19 pandemic, concerns about migrant workers’ rights and conditions in India have been very much in the news and have been escalated, yet the response from the Indian government is feeble (Janwalkar, 2020; Rukmini, 2020; Francis and Uniyal, 2021). Subir Sinha recently notes that Covid-19 has deepened existing inequalities, which blur the lines between waged, coerced and trafficked labour in India (Sinha, 2020). There are also reports showing a rise in trafficking cases in India because of this current pandemic situation ( News18 Networks , 2020). In response to these concerns, the Women Safety Division of the Indian Ministry of Home Affairs issued an advisory, since July 2020, advising all states and Union Territories (UTs) for the urgent establishment of new Anti-Human Trafficking Units (AHTUs), and/or upgrade infrastructure in existing ones (Janyala, 2021). AHTUs in India are special police units, devoted to tackle human trafficking. Following MHA advisory, a recent report of 16 states and UTs suggest that 225 AHTUs existed only on paper, and only 27 percent of the AHTUs were operational (Janyala, 2021). While the MHA advisory has triggered more attention among anti-trafficking activists, increasing demands for quickly setting up AHTUs in all districts (Janyala, 2021), yet the highlighted claim of the report (that shows incompetence of AHTUs) indicates that MHA advisory, and demand for establishing AHTUs, is not enough. The proposed intervention is distorted by its failure to account for the colonial legacy and present contestations in policies that conflates the conception of human trafficking with the social control of consenting adult sex work and migration (e.g. see Bhattacherya, 2018; Giammarinaro and Boola, 2018). Successive attempts to reform the legal definition of human trafficking and interventions have resulted in the application of excessive and arbitrary state power and bureaucratic control (Tandon, 2015). These efforts reflect a misplaced focus on law enforcement rather than holistic human-rights based solutions that promote the agency of workers and migrants.
Current policies regarding human trafficking in India carries colonial legacy and resulting harms. For instance, being a colonial construct, established by British Raj that aimed to serve their military, racial and colonial interests (Chang, 2007; Tambe, 2009), the conception of human trafficking was defined by colonial regimes as the act of abduction and transport of women for prostitution (Irwin, 1996). This definition conflates human trafficking with prostitution, dispossessing consenting adult sex worker’s concerns and rights (Tambe, 2009). Besides conflation with consenting adult sex work, the colonial prostitution governance created a regulatory system that vested unimpeded authorities to the institutions like Police or its regime, resulting criminalization and incarcerations of sex workers. For instance, Indian Contagious Disease Act of 1868 provided for compulsory registration of sex workers, and entailed being forced to stay back (without work) for an indefinite period, and subjected to incarceration (Banerjee, 2000; Tambe, 2009). The focus of human trafficking interventions on criminalisation of sex work continued and also got support from Indian nationalists, who later favoured laws reflecting a similar conflation of human trafficking and sex work and/or related professions in legislation such as the Madras Hindu Religious Endowments (Amendment) Act of 1929 (Sreenivas, 2011) and/or The Suppression of Immoral Traffic Acts (SITA) during the 1920s and 1930s (Legg, 2014). SITA was reintroduced after India’s independence, and later replaced by the Immoral Traffic (Prevention) Act, 1986 (ITPA). ITPA carries a parallel colonial legacy and design of SITA, conflating consenting adult sex work with trafficking, except for some minor changes (Cunha, 1987). Along with ITPA, India has also got additional provisions regarding human trafficking, with an amendment in section 370 of Indian Penal Code, which defines human trafficking as:
Whoever, for the purpose of exploitation, recruits, transports, harbors, transfers, or receives, a person or persons, by using threats, or using force, or any other form of coercion, or by abduction, or by practising fraud, or deception, or by abuse of power, or 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, harbored, transferred or received, commits the offence of trafficking. The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude. The consent of the victim is immaterial in determination of the offence of trafficking” (Govt. of India, 2013: 5).
This definition in section 370 not only continues conflation of human trafficking with sex work, but introduces its own difficulties: the broad definition captures many persons displaced by forced migration, denies targeted person’s agency, and gives unrestricted power to the state and bureaucratic regime and its institutions, including police. It also encourages a criminalisation approach to tackle trafficking. Indian Government’s National Crime Record Bureau (NCRB) collects data and present number of trafficking cases on the basis of this definition of 370. According to data, 95% of trafficked persons in India are forced into prostitution (Divya, 2020). The recent NCRB lists a total of 6,616 human trafficking cases as registered in India, out of which trafficking for the sex trade are highest in numbers (Munshi, 2020). Since these number of cases get registered as per the definition of trafficking in section 370 that conflates with sex work, the reliability of these number thus remains contested. It is because these numbers could include cases of adult sex workers who consented but their consent got denied during anti-trafficking interventions as both ITPA and section 370 allows it. But these figures and legislations do bring workers in sex trade into a situation of selective targeting from anti-trafficking actors and interventions (see GAATW, 2007; The Telegraph, 2017; Chandra, 2018).
The amendment in section 370 made modest but insufficient changes to the definition of trafficking as a response to the recommendation of Verma Committee (Khan, 2015). These changes were also precipitated by India’s commitment to the international actors, after India ratified United Nations’ Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UN Protocol) in 2011 (UNODC, 2004). Once again, akin to colonial policies, despite resulting in some improvements in India’s human trafficking or workers’ harsh labour conditions, these changes produced more harm than help. For instance, documented narratives (Sangram, 2018), experiences (Walters, 2018) of the targeted groups, and research (GAATW, 2007; Pai, Seshu and Murthy, 2018; Sangram, 2018; Walters and Ramachandran, 2018) even now showed (re)production of violence and harms in targeted person’s lives because of these contemporary anti-trafficking interventions, of which AHTUs mainly acts central implementing agency.
The intention of settling AHTUs appears to maintain a law enforcement anti-crime structure, as the definitions in ITPA and Section 370 understand trafficking through a criminalisation approach. However, practically, narratives of targeted persons at the local level indicates that this intervention does not promote the goal of human rights and protection of targeted persons.
Narratives from my current ethnographic research that gives epistemic priority to those adult migrant workers who experienced anti-trafficking interventions or are seen as trafficked ‘victims’ in the law (see Najar, 2020, 2021), in construction and sex sector of India, shows that the officials of anti-trafficking units were viewed by such workers as being corrupt and partial to the interests of the perpetrators. For instance, sitting inside her brothel room, Priya (name changed), a migrant cis female adult sexworker, said that “[…] Police is culprit here”. She shared an incidence of previous day that two policemen were harassing a customer and then the customer gave 1000 Indian Rupees to these Policemen. The police then allowed these customers to enter the brothel. She said the Police is a party in the business in that red light area. She also shared that usually work should be upto midnight or 1:00 am. But since the Police take rounds till midnight, there are very few customers who come before that midnight, due to the fear of harrashment from Police. Priya said that here the system is reverse as the market opens after 12, once the police gather their money and leave the place (D4:FW3). This narrative reflects how a system that gives more power and authority to institutions like police could be appropriated and misused, resulting more harm to the livelihood and rights of workers like Priya, rather ensuring and protecting their human rights.
Furthermore, state officials were viewed as holding unchecked authority over the targeted person’s decision, choices and trajectory. For example, Reshma, a non-brothel based adult migrant sex worker in Kolkata, who introduced herself as ‘flying sex worker’ while sharing her experiences in my research said that “[…] who knows when they (Police) will start harassing you. Sometime, they stop their vehicle in front of me, ask if I carry Ganja (Marijuana), daaru (alcohol) and talk with me a little and go ahead. But all power is in their hand. If they want, they can take me to the jail by saying that I am 15 years old or I am Bangladeshi (undocumented migrant). No one will come to help me then. They (Police) have the powers. So it’s better to not mess up with them and pay or do the work that they want”. (DW 12: FW11). This narrative indicates the fear and consequences among marginalized migrant workers, because of extra and unaccountable institutionalized authority to agents like police and conflation of policies with consenting adult sex work in India.
Total dependence on AHTUs hence has potential to reproduce situation of harms, resulting in diminished relief to the targeted person (see Sangram, 2018; Walters, 2018; Sen, 2021). Also, authority to and dependence on AHTUs may encourage further corruption, surveillance and control by police, reproducing problematic raid-rescue models and targeting of suspected migrants, especially sex workers, undocumented/informal workers, etc ( for example, see Sen, 2021 that highlights a very recent incident and explains how Police Raid to Rescue interventions Criminalised an Entire Neighbourhood). This situation is possible because the law conflates trafficking with sex work and forced migration, and has disproportionate focus on law enforcement strategies.
The disproportionate focus on law enforcement strategies prevents more structural efforts to grapple with these intersecting issues in a way that recognises the agency of targeted persons. The United Nations special rapporteur on trafficking in persons amplified in her report for a shift in focus away from law enforcement and towards human rights and the protection of victims (Okyere, 2020). United Nations special rapporteur on trafficking in persons in her report also pointed that a new international instrument may be required, because the current international instruments like Palermo protocol may not be sufficient or effective when it comes to considering such human rights goals. Analysing the Special Rapporteur’s argument, Sam Okyere argues “ the Palermo protocol is irredeemably compromised and must be dismantled, rather than reformed. We instead need to strengthen existing international instruments focusing upon workers’ and migrants’ rights and protections. Any new instrument which is developed needs to avoid the trap of making crime fighting a primary goal ” (Okyere, 2020). It thus reflects that current demand to tackle human trafficking and protect migrant’s rights signifies a shift from law enforcement focused intervention to human rights and protection of worker’s rights.
Given the colonial legacy and the continuing concerns arising from successive attempts at law reform, it appears that the current intervention to tackle human trafficking in India by only establishing AHTUs is not enough. India’s strategy to tackle human trafficking and migrant workers’ crisis should not completely and only depends on law enforcement institutions like AHTUs, instead, it also requires a rights based reform that dismantles the colonial legacy of the law which conflates human trafficking and sex work and migration. If Modi government in India fails to reform the policies, and simply promotes an intervention by only setting up law enforcement structures like AHTUs, it would mere be a token response to tackle trafficking and protect migrant worker’s rights, rather than a genuine effort.
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About the author
Jaffer Latief Najar works as a PhD researcher at International Institute of Social Studies (ISS), The Hague, The Netherlands. He can be reached at twitter: @jafferlatief. Views expressed are personal.
Corrupt government officials are everywhere. Protecting each other and making money off of trafficking. Didn’t know it was that bad in India but of course. The entire world is infected by the trafficking disease and many of the eastern European countries are horrific.
The polarization between rich and poor is always the main issue.
Was hard to read this article, but very interesting. Thanks for doing this work.
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Reducing Child Trafficking in India: The Role of Human Rights Education and Social Work Practice
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Child trafficking is one of the cruelest crimes that could ever be committed. Not only is it a criminal offense throughout the world but it is also a violation of several human rights and child rights. The present article explores the meaning, objectives, and consequences of this abhorrent act along with its prevalence globally and in India. However, the crux of the article is on the role of human rights education and social work practice in arresting the growth of child trafficking in India. Human rights education in India is the need of the hour, especially since it has the capacity to not just enlighten the public about their human rights and the rights of children, and because it can motivate professionals to shoulder their responsibility to reduce the prevalence of child trafficking in the country. Human rights education can also empower vulnerable communities who have been historically denied of their dignity, to rise and protect their children from such crimes. The three major models of human rights education are discussed and how they can be used to address the issue of child trafficking. Finally, the role of social workers in addressing this issue is discussed. Human rights education and social work practice have several facets in common that have the capability to greatly reduce the prevalence of child trafficking in the country.
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The author wishes to thank Mr. Nirmal Joseph Das, Manager, International Justice Mission, Bangalore and Mr. Ramachandran Sudalaiyandi, Regional Coordinator, Bangalore Urban & Rural Districts,- Karnataka State Commission for Protection of Child Rights, for their valuable insights into the current child trafficking scenario in India.
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Krishnan, S.R.G. Reducing Child Trafficking in India: The Role of Human Rights Education and Social Work Practice. J. Hum. Rights Soc. Work 8 , 156–166 (2023). https://doi.org/10.1007/s41134-023-00246-3
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Dissertation on : HUMAN TRAFFICKING : A WORLD WIDE EPIDEMIC BRIEF IDEA OF THE TOPIC
Human Trafficking is the third most registered international crime worldwide after drug and weapon trafficking. Human trafficking is a booming international trade, making billions of dollars at the expense of millions of victims; who are robbed of their dignity and freedom. The key concept of human trafficking is ―exploitation of people against their free will. With the transnational operation called human trafficking, slavery remains alive and thriving. Trafficking in persons is a global issue. No country can claim that its borders are not affected in some way by trafficking. Trafficking in persons is the equivalent of modern-day slavery. Slavery is illegal throughout the world, it is a violation of human rights, and it is a crime. Reaching an idea of what exactly HUMAN TRAFICKING is demands a lot of perception. This is because every case and circumstances of human trafficking is exceptional in its own course. To substantiate this, in a general case of human trafficking it is seen that a person (who later on becomes the victim) is taken from their village or town or city to another place, based on false promises of employment in a promising sector (commonly domestic help or labourer) with a handsome pay. Now this pay is made to look more than what this person gets in his/her own region. Such lucrative deals are the base or the main reasons for trafficking to start off in a region in the first place. Nevertheless when they arrive at the destination, what welcomes them is a shock of reality. They either never get the job that they were promised in the first place. The pay that they were promised is below their imagination. And from thereon, the situation starts deteriorating. In many cases it is unacceptable. They are handed over to placement agencies where they are further sent to different houses as domestic help and to different industries for different kind of small scale labour jobs. Primarily if we see these circumstances is that of human smuggling. But since the recruiter makes misleading promises, this case is moulded into the shape of human trafficking. In transnational trafficking, it is commonly seen that those people who are taken away from their home country in the pretext of being given good jobs, their passports are taken away from them. And other such related personal documents are confiscated. There is no escape for these victims. They are held as hostages are drowned in huge debts which can cost them their lives, if they ever tried to escape. Therefore whilst giving a global perspective to Human Trafficking calls for understanding the concept of it as well as educating civilians as to how they must recognize and respond and tackle the traffickers and trafficking happening in their communities and periphery. Tracking down these intricate details of the dynamics of human trafficking is much more important than just haphazardly going forward with new laws and policies or whatsoever.
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her dissertation titled "HUMAN TRAFFICKING IN INDIA: A CRITICAL ANALYSIS" under my supervision and guidance. This work is fit for submission and evaluation. Date: 30.06.2023 Dr. Shailendra Kumar Assistant Professor of Law National Law University, Assam. DECLARATION I, Himani Singh, pursuing LLM from National Law University, Assam hereby ...
A Thesis Submitted for the Partial Fulfilment of ... Therefore while studying every aspect of human trafficking in India, the socio economic conditions of the people must be taken into account. The colossal concern for trafficking in persons, human smuggling and transiting migration patterns are quite ahead of what is normally perceived by the ...
The National Crimes Records Bureau reports that a total of 1714 members in India were trafficked in 2020. In India, there were fewer cases of trafficking offences in 2019 compared to 2018. Total ...
This represents a cross-border criminal trade, mainly for the purpose of marketable sexual exploitation. India has rampant and widespread trafficking of women and comprehensive studies are required to assess its dynamics for prevention. This paper attempts a study of the spatio-temporal variations of women's trafficking in India from 2001 to ...
When the National Human Rights Commission set up a Focal Point on trafficking and women's human rights in 2001 and appointed me as the focal point, one of the major problems I faced was lack of reliable data on the nature and extent of trafficking prevalent in India - either within the country, or from across national borders or in transit.
Human trafficking violates many human rights of the victims. The victims of human trafficking face many consequences as they suffer long period of exploitation even after they come out from such status. This paper deals with the trafficking and exploitation of women and children in India. This paper analyses the consequences of trafficking on ...
Vol.13, No. 5, December 2009, 716 -738. Trafficking in women and children in India: nature, dimensions and. strate gies for prevention. Biswajit Ghosh *. The University of Burdwan, West Bengal ...
Trafficking in persons is a serious human rights violation and damages the lives of millions of people around the world. Trafficking in persons is also an organized and systematic crime, in which ...
and other socio-legal problems, resulting in increase in vulnerability creating number of victims and advancing human trafficking. Those from India's most undeveloped and disadvantaged socio-economical state are particularly vulnerable to forced or bondage laboring and commercial sexual trafficking. Human trafficking affects every nation states ...
literatures related to the human trafficking in India had also been discussed as the supporting literature review part. Trafficking of human beings, especially of women and children, is an organized crime, which violates basic human rights and has severe implications on the psycho-social and economic well-
Thesis/Dissertation Information Degree: Master's ( Master of Sustainable Development Practice) Degree Grantor: University of Florida ... 5 Human Trafficking in India and the Northeast India is one of the countries that is most plagued by human trafficking and is an excellent environment for criminal s involved in profiting from slavery. As of ...
Table-1 indicates, A total of 5,466 incidents of crimes under specified crime heads (as mentioned above) relating to human trafficking were reported in the country during the year 2014 as compared to 3,940 during the year 2013. The crime under human trafficking during the year 2014 has increased by 59.7% over 2010.
The objectives of this research were: (1) to determine the contributing factors to human trafficking, (2) to analysis the causes of human trafficking, (3) to determine the impediments that hinders the criminal justice system (CJS) to successfully investigate, combat and prosecute human trafficking, (4) from the findings, to recommend the ...
Sex trafficking (ST) is a form of human trafficking and defined as the recruitment, transportation, ... Sex trafficking (ST) interventions in India typically follow the "three R's" - rescue, rehabilitation, and reintegration. ... Additional support provided by Florida International University University Graduate School Dissertation Year ...
According to data, 95% of trafficked persons in India are forced into prostitution (Divya, 2020). The recent NCRB lists a total of 6,616 human trafficking cases as registered in India, out of which trafficking for the sex trade are highest in numbers (Munshi, 2020). Since these number of cases get registered as per the definition of trafficking ...
Child trafficking is one of the cruelest crimes that could ever be committed. Not only is it a criminal offense throughout the world but it is also a violation of several human rights and child rights. The present article explores the meaning, objectives, and consequences of this abhorrent act along with its prevalence globally and in India. However, the crux of the article is on the role of ...
PDF | On Nov 3, 2014, Jaffer LATIEF Najar published Human Trafficking in India | Find, read and cite all the research you need on ResearchGate
fastest growing countries in the trafficking for modern sex slavery, where nearly 90 percent trafficking in human beings, specifically children and women for commercial sex tourism that happens within state boundaries. At the same time, trafficking in children occurs cross border also specifically from Nepal, Pakistan and Bangladesh.
Sex trafficking. is defined as "a commercial sex act that is induced by force, fraud, or coercion, or in which the. person induced to perform sex acts is under 18 years of age" (Trafficking Victims Protection Act. of 2000). Measures have been implemented to help combat and prevent human trafficking.
conducted by National Human R ights Commission of India (N HRC) of India, 82.5% of traffickers stated that they supply women/children on demand. In India
A Thesis in the Field of International Relations. for the Degree of Master of Liberal Arts in Extension Studies. Harvard University. November 2021 2021 Alisa Gbiorczyk Abstract. It has to be recognized that human trafficking is a problem in all American states. Small towns do, in fact, face this international problem.
It is the major crime in India also. In India, poverty, lack of education, urbanization, low valuation of girls etc. are identified as the main causes of human trafficking. The government of India as well as West Bengal and several NGOs try to combat trafficking but it is unstoppable. Legal fight against human trafficking in India is inadequate.
During the years 2011 - 2015, there has been an increase in the number. of reported cases of human trafficking. During 2011, a total of 3,517 cases were. reported, with the number incr easing to ...