Child trafficking
What is "Child Trafficking"?
Child trafficking involves the use of children for the purpose of exploitation in various ways. It is a serious crime and a severe violation of human rights. It is irrelevant whether a child appears to have "consented" in some way to being exploited, especially when force, deception, coercion, or abuse of power or vulnerability are being used.[1]
Official Definition of "Child Trafficking"
'Child Trafficking" as defined in legislation(s)
Legal provision(s) relating to "child Trafficking"
In India, child trafficking is addressed through multiple legal provisions"
- As per Section 143 of BNS Trafficking of person means:[2]
Whoever, for the purpose of exploitation, recruits, transports, harbours, transfers, or receives, a person or persons by,
- using threats; or
- using force, or any other form of coercion; or
- by abduction; or
- by practicing fraud, or deception; or
- by abuse of power; or
- by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking. Explanation 1: The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs. Explanation 2: The consent of the victim is immaterial in determination of the offence of trafficking.
and as per Section 2 (14) (ii) and (ix) of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), a child who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street and who is found vulnerable and is likely to be inducted into drug abuse or trafficking is included as a “child in need of care and protection”, among others.[3]
"Child Trafficking" as defined in international Instrument(s)
The internationally accepted definition of child trafficking is contained in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children [hereinafter UN Trafficking Protocol]. Article 3(a) of the UN Trafficking Protocol provides that trafficking in persons:
Article 3, paragraph (a) of the Protocol states that trafficking in persons “shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”
Article 3(c) states that: The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered trafficking in persons even if this does not involve any of the means set forth in subparagraph (a).
This definition has been adopted by the 169 United Nations Member States that have ratified the Protocol.2 153 countries have introduced legislation that criminalizes trafficking in persons according to this definition.[4]
"Child Trafficking" as defined in official document(s)
According to UNICEF, child trafficking involves the movement or recruitment of children into exploitative situations, including forced labour, sexual exploitation, or involvement in illegal activities. UNICEF emphasizes that consent is irrelevant when the victim is a child.
"Child Trafficking" as defined in case law(s)
In Bachpan Bachao Andolan v. Union of India, the Supreme Court of India did not lay down a separate or new formal definition of “child trafficking.”
Instead, the Court relied on the existing legal understanding under Section 370 of the Indian Penal Code and international standards, and emphasized that:
Missing children should be presumed to be trafficked unless proved otherwise, and trafficking involves exploitation such as forced labour, sexual abuse, or other forms of exploitation.
Thus, no independent definition was explicitly framed by the Supreme Court in this case; it reinforced and applied the statutory and international definitions of child trafficking.
Forms of Child Trafficking
Vulnerable children may be exposed to many different forms of exploitation, including:
- Sexual exploitation: this can include abusing children for commercial sexual exploitation or the production of child sexual abuse material.
- Forced labour: when children work under harsh conditions in various sectors, including agriculture, factories, mining or as domestic workers.
- Begging and petty crimes involve putting children on the streets to beg or commit other offenses, such as theft.
- Children in armed conflict: During a conflict, children are forced to fight, sexually abused, or made to work as servants in their own homes.
- Child marriage: girls are married off to third parties for money or social status, often as part of harmful traditional practices.
- Illegal adoption: Trafficking babies and children for illegal adoption for their exploitation, often through deception or coercion of their parents or guardians.
Sometimes victims of child trafficking are exposed to multiple forms of exploitation at once. For example, a child made to beg on the streets may also be exploited sexually.