Analytical Study On Law Enforcement Mechanisms On Human Trafficking
Mythili M., LL.M. Criminal Law, CMR School of Legal Studies, Bangalore.
Dr. Chanjana Elsa Philip, Professor of Law, CMR School of Legal Studies, Bangalore.
ABSTRACT
Human trafficking is a transnational crime that systematically undermines human rights, migration, and exposes persistent weaknesses in law enforcement responses across jurisdictions. Human trafficking is a significant issue in India, requiring effective law enforcement mechanisms. The study seeks to analyse the internal consistency and adequacy of the primary legislative instruments, specifically Article 23 of the Constitution of India, the Immoral Traffic (Prevention) Act (ITPA), 1956, and the relevant sections of the Bharatiya Nyaya Sanhita (BNS), formerly the Indian Penal Code (IPC). The central problem addressed in this study is the fragmented nature of the existing legal definitions and the resultant jurisdictional ambiguities that hinder effective prosecution. By employing a black-letter law methodology, this research scrutinizes the evolution of the "trafficking" definition in the Indian context, assessing its alignment with international standards, particularly the Palermo Protocol. The study further examines the role of the judiciary in filling legislative lacunae through landmark judgments, analyzing how judicial activism has expanded the scope of victim protection and rehabilitation rights under Article 21. The analysis reveals significant gaps, including the lack of a comprehensive, unified legislation that addresses all forms of trafficking beyond commercial sexual exploitation. It identifies contradictions between the ITPA and the BNS regarding the criminalization of victims versus the penalization of traffickers. Furthermore, the study critiques the legal mechanisms for inter- agency coordination, arguing that the absence of a statutory mandate for a centralized National Anti-Trafficking Authority creates a procedural vacuum. It provides a comprehensive analysis of the existing law enforcement mechanisms to strengthen their efforts to prevent and respond to human trafficking. It also contributes to the existing literature on human trafficking in India by providing a subtle understanding of the law enforcement mechanisms in India.
Keywords: Human Trafficking, Transnational Crime, Human Rights, Law enforcement, Inter-agency coordination.
