Human Trafficking and Migration
Human Trafficking and Migration(Society)
Why In News:
The Supreme Court has made two significant observations on human trafficking: (1) trafficking cannot be seen in isolation from migration flows, and (2) the government should create a law exempting trafficked sex workers from criminal prosecution, recognising them as victims rather than offenders.
Legal Framework on Trafficking in India
Article 23 of the Constitution: Prohibits traffic in human beings and forced labour. This is a Fundamental Right (Part III), enforceable directly against the state & private individuals.
Immoral Traffic (Prevention) Act, 1956 (ITPA): It criminalises running brothels, pimping, and soliciting. Section 8 criminalises sex workers for solicitation, which the SC is now questioning.
Protection of Children from Sexual Offences (POCSO) Act, 2012: Covers trafficking of minors for sexual exploitation.
Trafficking in Persons (Prevention, Care and Rehabilitation) Bill: A comprehensive anti-trafficking bill has been pending for years; the 2018 draft lapsed with the 16th Lok Sabha.
Key Facts for Prelims
Article 23 vs Article 19(1)(g): Supreme Court in Budhadev Karmaskar v State of WB (2011) held that sex workers have rights under Article 21 and cannot be prosecuted merely for being sex workers.
Ujjawala Scheme: Ministry of Women and Child Development scheme for rescue, rehabilitation and reintegration of trafficked victims.
Anti-Trafficking Cell: MHA has an Anti-Trafficking Cell (ATC) that coordinates intelligence and law enforcement against trafficking.