International Journal of Scientific Research and Engineering Development

International Journal of Scientific Research and Engineering Development


( International Peer Reviewed Open Access Journal ) ISSN [ Online ] : 2581 - 7175

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Need of New Comprehensive Anti Trafficking Law In India



    International Journal of Scientific Research and Engineering Development (IJSRED)

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Published Issue : Volume-4 Issue-1
Year of Publication : 2021
Unique Identification Number : IJSRED-V4I1P58
Authors : Sheetal Sagar
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Abstract :

Human Trafficking Is The Modern Way Of Slavery And Exploitation All Over The World. Article 23 Strictly Prohibits Human Trafficking And Forced Labor In India. In Spite Of That India Is The Signatory Of Various International Conventions On The Prohibition And Prevention Of Human Trafficking Such As Un Conventions Against Transnational Organised Crimes 2000, Including (Un Convention For The Suppression Of The Traffic In Persons And Of The Exploitation Of The Prostitution Of Others, 1950) And Hence India Is Bound To Prohibit The Human Trafficking By Taking Necessary Steps In This Regard. In Spite Of That The Cases Of Human Trafficking In India Is Been Increasing Day By Day As In The Year 2019 The Total Cases Of Human Trafficking Registered In The Country Were 6,616Which Is Far Higher Than The Number Of Cases Registered In 2018 Which Were 5,788 And The Total Number Of Cases In 2017 Were 5,900 . In The Year 2013 Committeewas Set Up To Study The Issue Of Human Trafficking In India . The Said Committee Observed That Our Laws Have Many Effective Provisions To Deal With Human Trafficking And They Are Scattered In Different Statutes Like Itpa Juvenile Justice Act, Ipc,Bonded Labour Act, Transplantation Of Human Organs And Tissues Act, Protection Of Children From Sexual Offences Act,Begging Prohibition Act, “However Due To Lack Of Synergies, These Provisions Remains Underused And In Many Cases Abused And Finally The Committee Recommend That The Law Need To Be Sensitized And Overhauled Lest It Degrades Into A Tool To Stigmatize And Women For The Rest Of Their Lives’’ . The Recommendations Of The Committee Are Not Implemented Properly By The Government Yet. Recently Lok Sabha Passed ‘’The Trafficking Of Persons (Prevention, Protection And Rehabilitation) Bill, 2018’’ This Bill Will Create The Confusion And Clashes As There Are Other Legislation Also Which Are Dealing With The Specific Forms Of Trafficking And Havetheir Own Enforcement Mechanism. The Bill Is Silent On The Point That Which Enforcement Mechanism Will Be Used In The Case Of Human Trafficking. In This Study Of Research It Will Be Comparative In Nature Taking Into The Consideration Of Other Country Measures In This Regard To Combat Human Trafficking By Finding The Gap And Loopholes Between The Legal Enforcement And To Fill The Same. The Focus Of The Research Will Be On Eradication Of The Loopholes And Clashes Which Creates The Legal Mess Through The Existing Of Various Laws On The Same Issue By Studying The Various Reports And International Conventions And The Legislations Of The Other Countries.