Women’s Rights As Human Rights: Global And National Perspectives On Human Trafficking In India
- IJLLR Journal
- Mar 27
- 2 min read
Ayushee Yadav, LLM (Human Rights), Amity University, Noida
ABSTRACT
Human trafficking blocks women from claiming their basic rights, especially in poorer nations such as India, where money struggles and unfair treatment based on gender run deep. Looking at patterns worldwide and within one nation reveals how deeply this crime harms women's freedom, worth, and fairness under law. International tools matter here - the 2000 Palermo deal along with CEDAW - both aim to fight abuse and protect dignity across borders. Inside India, legal safeguards exist too: promises woven into the Constitution through Article 14, which demands equal treatment, Article 21, guarding life and personal freedom, plus Article 23 banning forced labour outright. Criminal laws also step in - Section 370 and later Section 370A of the Indian Penal Code and Section 143 of BNS target traffickers directly by making such acts punishable offenses.
Through careful analysis, this work looks at different kinds of trafficking - like sex exploitation, bonded labour, child smuggling, and coerced marriages - noticing how these issues hit women and kids harder. Starting from real numbers, it turns to India's latest official crime report from 2023, showing above two thousand recorded cases and six thousand people found trapped, most being female or underage. Landmark court rulings shape part of the discussion, with cases like Vishal Jeet versus Union of India, then Gaurav Jain against the same authority, followed by Budhadev Karmaskar versus. West Bengal’s legal stance along with the People’s Union for Democratic Rights versus the Union of India shaped how rights are upheld in trafficking cases. Though separate events, each played a role in guiding court thinking on protection. One came from regional governance struggles, the other through civil society challenging national policy. Together they shifted judicial focus toward individual entitlements rather than state discretion. Their influence grew slowly, embedded in rulings that followed. Not declared loudly but seen in subtle shifts during hearings. What emerged was less about procedure, more about dignity under law.
Keywords: Women’s Rights; Human Trafficking; India; NCRB Data, CEDAW
