STATE MACHINARY TO STOP HUMAN TRAFFICKING IN INDIA Shalini Kausal, Researcher, Into Legal World Foundation Research Paper Mon, Oct 10, 2022, at ,01:01 PM INTRODUCTIONAround the world, the issue of human trafficking for sexual exploitation is growing more and more common. Trafficking is a significant industry with the fastest rate of growth in the global illicit economy. This section emphasises the definitions of bonded labour, child labour, and sex trafficking that are utilised in both international and Indian legal standards throughout the report. Trafficking of humans for "physical exploitation or any form of sexual exploitation, enslavement or practises equivalent to slavery, servitude and the forcible removal of organs" is illegal by the new section 370 of the Indian Penal Code. Cases involving numerous types of contemporary slavery have been reported under this heading.GOALS OF UN GIFT HUMAN TRAFFICKING TEAM AND ITS IMPACTUN GIFT's goals include the following and are meant to improve action against human trafficking on various levels:• To spread awareness, to alert people to the problem of human trafficking, and to inspire action.• To improve prevention—to educate vulnerable populations and address the issues that put people at risk for trafficking.• To decrease demand—to attack the issue at its root by reducing trade incentives and decreasing demand for the goods and services provided by exploited individuals.• To assist and safeguard the victims by providing housing, counselling, medical care, emotional support, and material support while taking into account the unique requirements of women, children, and vulnerable populations, such as those living in refugee camps and conflict zones.• To increase the efficiency of law enforcement—to enhance the sharing of information on trafficking routes, trafficker profiles, and victim identification—in order to break up criminal organisations and prosecute more traffickers. To guarantee that the punishment meted out to those found guilty is appropriate.• To carry out international obligations—by concentrating technical and legal support on the nations with the highest needs and enhancing implementation monitoring—so that international obligations are translated into national laws and practises.• To guarantee resources—to draw in and mobilise resources for the long-term funding of initiatives devoted to putting an end to human trafficking.• To increase Member States' involvement—to give them a strong sense of pride in the initiative and foster long-term momentum.The Vienna Forum to Fight Human TraffickingThe three main elements that make up the Vienna Forum illustrate the essential concerns that must be addressed in a thorough anti-trafficking strategy: What causes human trafficking? What are the repercussions? What possible actions could be performed in response? Plenary sessions and workshops under each theme give participants the chance to examine each theme in deeper detail with the aim of creating thorough intervention strategies and taking action.• Vulnerability: What factors lead to human trafficking?• Impact: the negative effects of human trafficking on people and societyInnovative methods for resolving complicated issues are in use.The consequences of trafficking on individuals • The effect it has on the people it victimises in all facets of their lives. Every step of the trafficking process has the potential to include cruel working and housing circumstances, deprivation, torture, and physical, sexual, and psychological abuse. It can also involve forced drug usage, manipulation, economic exploitation, and physical, sexual, and psychological abuse. Contrary to the majority of other violent crimes, trafficking frequently results in enduring distress.• Individuals who have been trafficked face a high risk of contracting HIV for a variety of reasons. Post-traumatic stress disorder, anxiety, sadness, isolation, disorientation, anger, and difficulties concentrating are among the traumatising conditions that trafficking victims face.• Despite being subject to the same cruel treatment as adults, child victims of trafficking are more susceptible due to their youth, immaturity, and lack of life experience.• While victims of trafficking may find it difficult to comprehend what has occurred to them, discuss it with or explain it to others, their behaviour can be challenging for third parties to understand.The stigma attached to them as victims has been shown to have a significant and ongoing impact on their lives, including in the trauma experienced by the individual victim and the possibility of physical rejection by family and/or community. The long-term effects of human trafficking for the individual are complex and debilitating. Revictimization is frequently an additional outcome of the experience.Latest instances of human Trafficking• According to data from the NCRB, the leading causes of human trafficking in 2020 were sexual exploitation for prostitution, forced labour, and domestic servitude, totaling about 1,714 cases that were reported by the government's anti-human trafficking units. The report also revealed a 10.6% conviction rate for human trafficking cases. With 184 cases apiece, Maharashtra and Telangana had the most of these cases among the states, followed by Andhra Pradesh (171), Kerala (166), Jharkhand (140), and Rajasthan (128).• A Dhubri district 18-year-old (name withheld) who was sold to a guy in Rajasthan in 2018 The man, who desired a boy, sold her to someone else after she gave birth to a daughter. The second man similarly left her after she gave birth to another girl 2020 saw her being rescued from Ajmer along with two little girls. The victim has returned to her Dhubri home.• 15-year-old Meena Ray (name changed) was trafficked from her hamlet in the Kokrajhar district of Assam with the promise of marriage and sold to a brothel in West Bengal's Siliguri town in May 2020, at the height of the nationwide lockdown and travel restrictions caused by Covid-19. Fortunately, she was saved a month later and returned with the aid of child campaigners and the police. According to investigations, Ray was trafficked to Siliguri by a 35-year-old man from the Assamese area of Bongaigaon who worked in the poultry industry.• 40 kids were rescued from Sikkim last year (2020), including 16 girls and 24 boys who were trafficked from the Baksa area of Assam in 2018–19. The state government ordered health and social welfare departments to report cases of children who were missing from their homes, which is how the issue of the missing children came to light. • There were no convictions for cases of human trafficking in seven states, with Tamil Nadu reporting the highest conviction rate of such cases at 66%, followed by Delhi at 40%. • According to the NCRB's report, it began gathering information on human trafficking cases from these Anti-Human Trafficking Units (AHTU) nationwide since 1,714 cases of human trafficking have been reported by AHTUs throughout 2020, according to statistics provided by states and UTs. The report states that 2,278 incidents of human trafficking occurred in 2018 and 2,260 cases occurred in 2019.The report also stated that 2,222 victims under the age of 18 were among the 4,709 victims that were trafficked nationwide. Legislations in India for Anti trafficing: - • Periodically, MHA holds coordination conferences with the Nodal Officers of Anti-Human Trafficking Units appointed in all States and UTs. • Additional specific laws against trafficking in women and children have been passed.Apart from specific Sections in the IPC, for instance, Sections 372 and 373 deal with selling and buying of girls for the purpose of prostitution. Other laws that prohibit child marriage include the Prohibition of Child Marriage Act of 2006, the Bonded Labour System (Abolition) Act of 1976, the Child Labour (Prohibition and Regulation) Act of 1986, and the Transplantation of Human Organs Act of 1994. • Sections 370 and 370A of the Indian Penal Code, which provide for comprehensive measures to counter the menace of human trafficking, have taken effect. These sections replace Section 370 of the Indian Penal Code, which was previously used to traffic children for any form of exploitation, including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs. • The Protection of Children from Sexual Offenses (POCSO) Act of 2012, which went into force on November 14, 2012, is a specific law designed to safeguard kids against exploitation and abuse of their sexuality. It gives detailed descriptions of several types of sexual abuse, such as penetrative and non-penetrative assault, sexual harassment, and more. • Article 23(1) of the Indian Constitution forbids the trafficking of persons or human beings .The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the most important piece of legislation for preventing trafficking for commercial sexual exploitation. The Anti-Trafficking Cell (ATC): Anti-Trafficking Nodal Cell was established in the Ministry of Home Affairs (MHA) (CS Division in 2006 to act as a focal point for communicating various decisions and follow up on action taken by the State Governments to combat the crime of Human Trafficking. Crimes related to Human Trafficking in India§ Human trafficking-related offences in India criminal leaders with a connection to human trafficking.§ Importing females from other countries (Section 366B IPC)§ The recruitment of young girls (section 366-A IPC)§ Prostitution of children purchased (section 373 IPC) (previously known as buying of girls for prostitution)§ The sale of children for prostitution (Section 372 IPC) (prior editions collected data under the heading of the purchase of girls for prostitution).§ After the Criminal Law (Amendment) Act 2013 was passed, human trafficking (sections 370 & 370A IPC) became illegal. CONCLUSION The dignity and safety of those who are victims of human trafficking are seriously threatened, and their human rights are gravely violated. The equal rights of men and women are guaranteed by Indian constitutions, but when it comes to actual execution, these guarantees are frequently just words on paper. Strong political will on the part of the government is essential in carrying out its anti-trafficking responsibilities in order to combat trafficking and subsequently protect the human rights of the vulnerable people. Thus, any crime that can be turned into a business will eventually turn into a major social ill, as is the case with human trafficking. If intentional, firm action is taken, and laws are developed and properly followed, the situation can still be handled. If prompt action is not taken, it won't be too long until it is too late.