Invoking powers under Articles 32 and 142 of Constitution, SC held trafficking to be a "direct assault on constitutional dignity” rooted within Article 23 of Constitution.
- Article 23 prohibits trafficking in Human beings and forced labour.
Key Highlights of SC Directions
- Role of Consent: SC held "consent" to be central legal differentiator in determining whether a case involves trafficking or voluntary adult sex work.
- Police/rescue authorities to not criminalize vulnerable individuals involved in sex work based on consent to prevent misuse of anti-trafficking machinery.
- Essential Elements of Trafficking: Action, Means, and Exploitation (Based on Palermo Protocol).
- UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (opened for signature in Palermo, Italy, 2000) is first legally binding instrument with internationally recognized definition of human trafficking.
- Child Protection and Rehabilitation: Right to rehabilitation flows directly from Article 21 forming part of right to live with dignity.
- Victim Protection Plan: Minimum standards for shelter homes, mental health support, vocational training, legal aid, reintegration measures, etc.
Human Trafficking in India
- Status: 6,018 victims have been reported to be trafficked including 2,297 children (National Crime Records Bureau’s Crime in India 2024)
- Anti-Trafficking Framework
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Recognizes trafficking as a cognizable and non-bailable offence.
- Bharatiya Nyaya Sanhita (BNS), 2023: Section 143 defines trafficking and Section 144 deals with exploitation of trafficked persons, including sexual exploitation.
- Immoral Traffic (Prevention) Act, 1956 (ITPA): Prevents prostitution and trafficking of persons for commercial sexual exploitation.
- National Investigation Agency (NIA): Investigates cases human trafficking having inter-state, national and international ramifications.
