Immoral trafficking, especially of women and children, is a grave crime in India, often linked to sexual exploitation, forced labour, and organized crime. Trafficking involves the recruitment, transportation, transfer, harbouring, or receipt of persons by means such as threat, coercion, abduction, fraud, or abuse of power. Women and children are particularly vulnerable and often targeted for prostitution and bonded labour. The Government of India has implemented multiple legal measures and social schemes to prevent trafficking and protect victims, with a strong emphasis on rehabilitation.
Legal Provisions under Indian Law
The primary law addressing trafficking for immoral purposes is the Immoral Traffic (Prevention) Act, 1956 (ITPA). Section 3 of ITPA penalizes the keeping or management of a brothel, while Section 4 punishes those living on the earnings of prostitution. Section 5 makes procuring, inducing, or taking a person for prostitution a punishable offence. The Indian Penal Code (IPC) also supports this law through Sections like 370 and 370A, which criminalize trafficking for exploitation and provide penalties. Section 370(1) IPC defines trafficking and includes severe punishments ranging from 7 years to life imprisonment depending on the victim’s age and number of victims involved. The Juvenile Justice (Care and Protection of Children) Act, 2015 and POCSO Act, 2012 also provide protection to children against trafficking and sexual abuse.
Mnemonic to Remember Key Points – “TIP-PRO”
Use the mnemonic TIP-PRO to remember key aspects:
- T – Trafficking definition under Section 370 IPC
- I – ITPA (Immoral Traffic (Prevention) Act, 1956)
- P – Protection of Children under JJ Act & POCSO
- P – Punishments under Sections 3, 4, and 5 of ITPA
- R – Rehabilitation measures for victims
- O – Organized crime involvement in trafficking
This mnemonic helps in recalling the legal framework and the protective approach of Indian law toward women and children against immoral trafficking.
