Context:

Eight children were trafficked every day in India in 2021 — for labour, begging and sexual exploitation — as per data from the latest National Crime Records Bureau (NCRB).

About Child Trafficking:

• Child trafficking means the recruitment and or transfer, harboring or receipt of children for the purposes of exploitation.
• It can manifest in various forms of exploitation, including forced labor, sexual exploitation, forced begging, and forced marriage.
• Migrants, refugees and children on the move are the most at risk of becoming victims of child trafficking.

Causes of Child Trafficking:

• Poverty:  Economically disadvantaged families sometimes have no choice but to abandon or ‘sell’ their children, leaving them in the hands of traffickers. 
• Sexual exploitation : children, especially girl children are lured into moving to another city and are forced into prostitution, sex tourism and pornography.
• Illegal activities : kidnapped children are often forced to beg, and sometimes their organs like kidney etc. are sold. These children are also often used for drug trafficking purposes.
• Labour : Children brought into the city are sold as bonded labour to industry owners. They are often placed at factories of carpet weaving, diamond cuƫting etc.
• Social and cultural norms: In some countries around the world, social and cultural norms can lead to child trafficking. Selling children to traffickers may be seen as the norm in poor areas and in other places,
• Lack of education: Many victims of trafficking suffer from a lack of education and are not aware of their rights

Key Challenges in addressing Child Trafficking:

• Lack of awareness and reporting: Many people may not recognize the signs of trafficking or may hesitate to report suspicious activities due to fear or lack of trust in authorities.
• Inadequate Legislation and enforcement: Legislation related to child trafficking varies across different countries, and in some cases, it may be insufficient to effectively address the issue. 
• Cross-border nature: Child trafficking often involves the movement of victims across national borders, making it a transnational crime. 
• Online exploitation: The rise of the internet and digital technologies has facilitated the online exploitation of children
• Data collection and research: Reliable data on child trafficking is often limited or incomplete, making it challenging to assess the scale and nature of the problem accurately.

Incidence of Child Trafficking in India:

• According to the National Crime Records Bureau (NCRB), there were about 2,200 cases of child trafficking in 2019, of which 95 percent accounted for internal trafficking.
• According to a report by the National Human Rights Commission, 40,000 children are abducted each year in India, leaving 11,000 untraced.

Laws Governing anti-trafficking crimes:

• India doesn’t have a composite anti-trafficking law that addresses prevention, protection, rehabilitation and compensation of survivors. 
• There are, however, separate regulations that address different crimes related to trafficking:
  • The Immoral Traffic (Prevention) Act, 1956 (PITA) is targeted at stopping immoral trafficking and sex work. It went through two amendments, in 1978 and 1986. 
    • Criticism: Experts have criticized PITA  as it criminalizes sex workers without providing sufficient legal recourse or scope for rehabilitation.
  • The Prohibition of Child Marriage Act, 2006, prohibits and penalises the act of child marriage.
  • The Child Labour (Prohibition and Regulation) Act, 1986, prevents children from partaking in certain employments and regulates the conditions of work for children in other fields. 
    • In 2016, an amendment completely banned the employment of children below 14 years; adolescents aged 14-18 years are allowed to work in family-related businesses but not in fields that have “hazardous” working conditions.
  • The Bonded Labour System (Abolition) Act, 1976, prohibits systems of labour where people, including children, work under conditions of servitude to pay off debt, and also provides a framework for rehabilitating released labourers. 
  • The Juvenile Justice (Care and Protection of Children) Act 2015, which governs laws relating to children alleged and found to be in conflict with law.
  • The Transplantation of Human Organs and Tissues Act, 1994, makes commercial dealing in human organs a punishable offence.
  • Protection of Children from Sexual Offences (POCSO) Act, 2012, which seeks to prevent commercial sexual exploitation of children.

International Conventions:

• ILO Convention No. 182 (1999) on the Worst Forms of Child Labour (WFCL) classifies trafficking among “forms of slavery or practices similar to slavery”.

Global Prevalence of Child Trafficking:

• Domestic work (21%)
• Begging (10%)
• Hospitality sector (7%)
• Street and small-scale retail (6%)
• Illicit activities (6%)
• Agriculture (5%)

Relevant Constitutional Provision in India:

• Article 23 prohibits human trafficking and begar (forced labour without payment).
• Article 24 forbids employment of children below the age of 14 years in dangerous jobs like factories and mines.

Way Forward:

• Strengthen Legislation: Laws should provide severe penalties for traffickers and prioritise the best interests of the child.
• Raise Awareness and Education: Conduct widespread awareness campaigns to educate communities, children, parents, and relevant professionals about the dangers of child trafficking. 
• Improve Victim Identification and Support: Enhance training for law enforcement officers, social workers, healthcare providers, and educators to identify signs of child trafficking and provide appropriate support to victims. 
• Strengthen International Cooperation: Facilitate cooperation and information sharing among countries to combat cross-border trafficking.                                                          

News Source: The Hindu