Smuggling of migrants and human trafficking both involve moving human beings for profit. However, in the case of human trafficking, two additional elements beyond smuggling must be present: there must be some improper form of recruitment, such as coercion, deception or some abuse of authority; and the activity must have been undertaken for some exploitive purpose, although that purpose need not necessarily have been fulfilled. from Manual for Training Police on Anti Human Trafficking 24
Not everyone is abducted or enticed away with false promises of good jobs there are others who go willingly, seeing the trafficker’s offer as the best option for themselves or their families, but later regret the decision when they find themselves trapped by debt and fear in abusive conditions.
Whether someone is “pushed” or “pulled” does not change the fact that she or he has been trafficked.
The following are some groups of people that are more vulnerable to being trafficked for commercial sexual exploitation, forced labour and other forms of trafficking:
The scene of crime10 (SOC) includes the source, the transit and destination points. In fact, in the case of CSE, the SOC is not limited to the place of exploitation – or, for example, the brothel alone. Therefore, for example, CSE can take place:
Trafficking is not synonymous to prostitution. Trafficking is the process while commercial sexual exploitation is a result.
Commercialization of the exploitation and of the victim: Due to the portrayal of women as sex objects, and as property by patriarchal society, women have acquired a ‘facevalue’ within the ‘market’ whereby their bodies have become commodities in a commerce based on the exploitation of sex (hence, CSE- Commercial Sexual Exploitation). Meena was forced into prostitution but she is a trafficked victim. How is that? Meena was displaced and forcibly recruited into commercial sexual exploitation (CSE). While prostitution is a punishable offence when there is commercial sexual exploitation of a person and any other person who makes profit from the same [Section 2(f) of ITPA 1956], trafficking is the whole (or any point of the) process of recruiting, contracting, procuring or hiring a person for commercial sexual exploitation (CSE) or for any other purpose. Trafficking is therefore the overall ‘process’ while prostitution/ commercial sexual exploitation/ forced labour is the ‘result’. Thus, Meena has been both trafficked and forced into prostitution as she has been:
The Indian Constitution lays down clear guidelines with regard to basic human rights such as equality for all people. Trafficked victims are also human beings who have the basic inalienable right to live with dignity and equality. Some of the provisions under the Indian Constitution are listed as under. It becomes clear that the trafficked victims do not enjoy any of the following: Article 14 provides for equality
To elucidate, the following is a list of some of the human rights violations that take place on a trafficked person 21:
The Indian Constitution guarantees the equality of each and every citizen before the law as provided under Articles 14 and 15 without discrimination on the basis of sex. The following articles also provide respite to individuals specifically related to anti-trafficking: