LL.M. Student at Jagannath University, Jaipur, India
Assistant Professor at Jagannath University, Jaipur, India
Human trafficking is one of the most pressing human rights violations in contemporary India, encompassing forced labor, sexual exploitation, child trafficking, bonded labor, and organ trade. Despite a broad legal framework including constitutional protections and multiple statutes like the Indian Penal Code, the Immoral Traffic (Prevention) Act, and the Bonded Labour Abolition Act, human trafficking continues to thrive due to poor enforcement, fragmented laws, and systemic vulnerabilities. This dissertation undertakes a critical and analytical study of the legal framework addressing human trafficking in India, with a specific focus on high-incidence states like West Bengal and Bihar. It evaluates the effectiveness of statutory and judicial responses, identifies implementation challenges, and explores institutional inefficiencies, including the role of law enforcement agencies, judiciary, and rehabilitation mechanisms. It also provides a comparative legal analysis with international best practices to highlight gaps and potential improvements. Through case studies, field observations, and a thorough review of policy and legislation, the study reveals that while significant legal provisions exist, their impact is diluted by inadequate coordination, lack of training, and victim-insensitive procedures. The dissertation concludes with comprehensive recommendations for legal reform, policy restructuring, and improved survivor-centric approaches. It advocates for a consolidated anti-trafficking law, enhanced interstate coordination, increased accountability, and greater investment in research and rehabilitation.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2903 - 2911
DOI: https://doij.org/10.10000/IJLMH.1110141This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021