Echoes Of Exploitation: Building Stronger Evidentiary Standards For Child Trafficking
- IJLLR Journal
- 9 hours ago
- 2 min read
Shruthi Keerthana Alampally, School of Law, Mahindra University
Goteti Kumari Saigayatri, School of Law, Mahindra University
ABSTRACT
Trafficking of human beings, especially children, has emerged as a serious concern around the world. Child trafficking involves the exploitation of children who are subjected to coercive circumstances, where the issue of consent does not arise. This constitutes form of modern slavery, characterized by a multifaceted system that subjects’ children to severe human rights violations, including forced labour, sexual exploitation, criminal activities, and other forms of abuse. This pervasive global issue is transcending not only regional but also cross-border creating an impediment situation.
Despite its prevalence there are persistently insufficient number of prosecutions and convictions against traffickers. At the core of the Indian Constitution, Article 23 explicitly prohibits human trafficking and forced labour, within which child trafficking constitutes a distinct subcategory. In comparison, United States federal law notably the TVPA serves as a foundational statute, wherein individuals under the age of 18 engaged in commercial sex act are presumed to be victims, eliminating the requirement to prove coercion, fraud, or force.
While these legislations are reinforced by complementary statutes, its practical effectiveness remains a subject in question. Conviction rates in child trafficking cases remain low, primarily because of evidentiary challenges and the vulnerability of victims that complicate the process of securing reliable testimony and evidence. The U.S. presumption of victimhood for minors under the TVPA and India’s consent-bar under the POCSO Act offer legal advantages, yet both systems struggle with enacting these provisions into effective prosecutions. This paper undertakes a harmonised approach to child-centric evidentiary standards, strengthening investigative capacities, and expanding the use of corroborative and digital evidence with the aid of technology, which are essential to bridge the gap between legislative intent to judicial outcomes.
Keywords: Child Trafficking, Legislative Intent, Human Rights, Evidentiary Standards, Victim Testimony
