ANVIKA SHUKLA & SHREYAA T. SUNDER

STUDENT AT SCHOOL OF LAW, CHRIST UNIVERSITY, BANGALORE

Abstract

Human trafficking is any sort of transaction involving people. It is a crime and a grave violation of basic human rights. Men, women, and children are trafficked for a variety of reasons, and it entails the recruitment, transportation, and exploitation of a person for financial gain. Trafficking is of various forms namely: sex trafficking, trafficking for forced labour, for organs etc. Trafficking is a social evil and it is condemned globally by all. All nations have taken measures to curb the menace of this social evil. In India, trafficking has persisted from time immemorial and the legislature has enacted statutes to contain the same. The Constitution of India also penalizes trafficking via its provisions. Ironically, the legislations made specifically to curb trafficking don’t even define trafficking. However, the catch is that, India, in its legislation has only drafted legislation concerning women and children involved in trafficking, secondly, it also punishes women who practice prostitution and thus, it is unknown as to what measures the victims can seek to alleviate the exploitation they face. Due to this issue, it is imperative for India to draft stringent legislations to curb this menace. Thus, this paper seeks to critically analyze the legislations present to contain trafficking and simultaneously explore effective alternative remedies to do away with this evil.