The Supreme Court of India has directed the Union and State governments to frame a practical, uniform, and time-bound Standard Operating Procedure (SOP) to effectively tackle human trafficking cases. The Court stressed that the SOP must be actionable at the local police station level, ensuring immediate response in missing person and trafficking cases.
The Court observed that delay in investigation often leads to loss of crucial evidence and increases the risk to victims, especially women and children. It emphasised that police authorities must actively pursue cases on the ground instead of merely keeping them pending on paper.
Human Trafficking in India
Human trafficking remains a serious governance and human rights challenge in India.
- Around 2,183 trafficking cases were registered in 2023 according to NCRB data.
- Women and children constitute the majority of victims.
- Conviction rates remain extremely low at nearly 10%, despite high charge-sheeting rates.
- Many cases go unreported due to fear, stigma, poverty, and weak institutional support.
Trafficking networks often operate across states through organised criminal groups involved in:
- Forced labour,
- Sexual exploitation,
- Child trafficking,
- Beggary,
- Illegal migration and organ trade.
Legal and Constitutional Framework
India has multiple legal safeguards against trafficking:
- Article 23: Prohibits human trafficking, forced labour, and exploitation\text{Article 23: Prohibits human trafficking, forced labour, and exploitation}Article 23: Prohibits human trafficking, forced labour, and exploitation
- Bharatiya Nyaya Sanhita defines trafficking involving force, coercion, fraud, or inducement for exploitation.
- Immoral Traffic (Prevention) Act addresses trafficking for commercial sexual exploitation.
- Protection of Children from Sexual Offences Act provides safeguards for children against sexual exploitation.
- Bonded Labour System (Abolition) Act abolishes bonded labour.
- Juvenile Justice Act ensures care and rehabilitation of trafficked children.
India is also a signatory to the UN Palermo Protocol.
Government Initiatives
Key measures include:
- Ujjawala Scheme for prevention, rescue, rehabilitation, and reintegration of trafficking victims.
- Mission Shakti for women protection and support services.
- Anti-Human Trafficking Units (AHTUs) for specialised investigations and rescue operations.
- National Plan of Action focusing on prevention, protection, and prosecution.
Challenges
Major challenges include:
- Poor inter-state coordination,
- Weak victim protection,
- Lack of trained investigators,
- Judicial delays,
- Inadequate rehabilitation mechanisms.
Way Forward
The Supreme Court’s intervention highlights the need for:
- A victim-centric and trauma-informed approach,
- Faster police response and investigation,
- Strengthened AHTUs with proper funding and training,
- Better interstate and international coordination,
- Strong regulation of labour recruitment and migration systems.
A robust SOP backed by accountability and institutional coordination can significantly improve India’s fight against human trafficking and safeguard vulnerable populations.