Legal Protections And Enforcement Gaps: Addressing Human Rights Violations In The Trafficking Of Women And Children In India
- IJLLR Journal
- Jul 10
- 2 min read
Motiani Jaikishan Manoiiarlal, Ph.D. Research Scholar, Monark University, Vahelal - Dahegam Rd, Naroda, Ahmedabad, Gujarat 382330.
Dr. Kalpesh Vora, Assistant Professor of Law, Monark University, Vahelal - Dahegam Rd, Naroda, Ahmedabad, Gujarat 382330.
ABSTRACT
The trafficking of women and children in India constitutes a severe infringement of human rights, compromising constitutional assurances of dignity, liberty, and equality, and contravening India's commitments under international treaties. Notwithstanding a comprehensive legislative framework—including the Immoral Traffic (Prevention) Act, Bharatiya Nyaya Sanhita, and the Protection of Children from Sexual Offences Act— trafficking continues at alarming rates, exposing significant enforcement deficiencies, systematic neglect, and inadequate victim protection. This research seeks to rigorously assess the efficacy of current legislative safeguards while pinpointing the procedural and institutional shortcomings that obstruct justice and rehabilitation for survivors. This study used a doctrinal methodology based on secondary data sources, including judicial decisions, government papers, academic literature, and UN databases, to triangulate findings for accuracy and relevance, emphasizing trends since 2010. The data indicates consistently low conviction rates, insufficient investigative procedures, underfunded anti-trafficking units, and a systemic inability to rehabilitate victims, especially in states with high incidence rates. Notwithstanding legal adherence to international human rights treaties, enforcement is uneven among regions, and victims—particularly women and children—persistently face re-trafficking due to institutional indifference and insufficient support systems. The report indicates that India's anti- trafficking framework must evolve from a punitive, disjointed approach to a comprehensive, victim-centered one that prioritizes accountability, inter- agency collaboration, and legal integration. This research enhances legal scholarship and policy discussions by proposing specific reforms that adhere to constitutional requirements and international commitments, ensuring that anti-trafficking legislation provides meaningful justice to the most vulnerable populations.
Keywords: Human Trafficking, Women and Children, Gender Based Violence, Cross-Border Trafficking, Rehabilitation and Victim Protection, Bharatiya Nyaya Sanhita (BNS), 2023.
