Abstract

Human trafficking essentially means the trade of human beings for various exploitative purposes. They can be for prostitution, unpaid labour, etc., It has transformed itself into a global menace. It has victimised scores of unknowing people which has compelled nations across the globe to form major legislations and treaties to tackle this menace. The Indian government after the ratification of the UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949 brought legislation named The Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA) which after going through an amendment in 1986 was renamed as Immoral Traffic (Prevention) Act (ITPA). This act has been criticised widely and is marred by problems and arbitrary assumptions made by the legislators. One major problem and an arbitrary assumption at the same time in this act is that it presumes that all trafficking is done for the purpose of prostitution only. This opens the pandora’s box and gives rise to a slew of loopholes. This act has not only failed to curb the menace of trafficking but has also made it arbitrarily impossible to practise prostitution even though it is legal to practise prostitution in India. These are the reason why the statistics from the National Crime Records Bureau (NCRB) show an upward trend in the incidents of trafficking. This paper aims to enlist, analyse and criticise such problems and arbitrary assumptions.

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