Chapter-6A Human Trafficking Human trafficking is a group of crimes involving trafficking in person of men, women and children for sexual exploitation or for financial gains or exploitation of trafficked persons. Victims are lured or abducted from their homes and subsequently forced to work against their wish through various means in various establishments, indulge in prostitution or subjected to various types of indignities and even killed or incapacitated for the purposes of begging and trade in human organs. Crime Rate (Crime rate: 0.4) Crime rate under the crimes relating to human trafficking increased from 0.3 in 2013 to 0.4 during the year 2014. Chart 6A.1: Trend of incidents of human trafficking during 2009 – 2014 This Bureau is collecting data under the following heads of crime which are related to human trafficking. i) Importation of girls from foreign country (Sec. 366B IPC) ii) Procuration of minor girls (section 366-A IPC) iii) Buying of minors for prostitution (section 373 IPC) (in previous editions, data was collected under buying of girls for prostitution) iv) Selling of minors for prostitution (Section 372 IPC) (in previous editions, data was collected under buying of girls for prostitution) v) Immoral Traffic (Prevention) Act 1956 vi) Human trafficking (section 370 & 370A IPC), after enactment of the Criminal Law (Amendment) Act 2013, the Bureau has also started collecting data under these sections. Incidents of crime (Incidence: 5,466) A total of 5,466 incidents of crimes under specified crime heads (as mentioned above) relating to human trafficking were reported in the country during the year 2014 as compared to 3,940 during the year 2013. Crime in India-2014 A trend line of incidents of human trafficking is showing a rising trend during the period from 2009 – 2014. A total of 2,848 cases were reported in 2009 which rose to 3,422 cases in 2010. It further rose to 3,517 cases in 2011, 3,554 cases in 2012, 3,940 cases in 2013 and 5,466 cases in 2014. Trend Analysis The crime head-wise details of reported crimes during 2010 to 2014 along with percentage variation in the year 2014 over 2013 are presented in Table-6A(A). The crime under human trafficking during the year 2014 has increased by 59.7% over 2010. Importation of girls from foreign country (Incidence: 13 Rate : Negligible) A total of 13 cases of importation of girls from foreign country were registered during 2014 compared to 31 cases in 2013 showing a decline of 58.1% over the previous year. Maximum cases were registered in Bihar (5 cases) followed by West Bengal (4 cases), 2 cases were registered in Jharkhand and 1 case each in Assam & Maharashtra during 2014. 103 Table-6A(A) Crime head-wise incidence of various crimes under human trafficking during 2010 - 2014 and percentage variation in 2014 over 2013 Year Sl. No . Crime head 2010 1 Procuration of minor girls (Sec. 366-A IPC) 2 Importation of girls from foreign country (Sec.366B IPC) 3 2011 2012 2013 2014 Percentage variation in 2014 over 2013 679 862 809 1,224 2,020 65.0% 36 80 59 31 13 -58.1% Selling of minors for prostitution (Sec. 372 IPC)# 130 113 108 100 82 -18.0% 4 Buying of minor for prostitution (Sec. 373 IPC)# 78 27 15 6 14 133.3% 5 Immoral Trafficking (Prevention) Act 1956 2,499 2,435 2,563 2,579 2,617 1.5% - - - - 720 - 3,422 3,517 3,554 3,940 5,466 38.7% 6 Human Trafficking (Sec. 370 & 370 A IPC) * Total cases of human trafficking ‘*’Newly included in 2014; ‘#’ Modified in 2014, earlier data collected under girls whereas presently data collected under minors Immoral Traffic (Prevention) Act, 1956 (Incidence: 2,617 Rate: 0.2) Cases under this Act have registered an increase of 1.5% during the year 2014 as compared to the previous year (2,579 cases). 509 cases were reported in Tamil Nadu followed by Karnataka (392). Under the Immoral Traffic (P) Act, maximum cases were registered under section 5 of IT(P) Act (766 cases) followed by section 7 of IT(P) Act (129 cases), section 8 of IT(P) Act (113 cases) and section 6 of IT(P) Act (90 cases). Out of 113 cases reported under section 8 of the IT(P) Act (relating to seducing or soliciting for the purposes of prostitution), maximum cases were reported in Kerala (55 cases) followed by Karnataka (21 cases) and Tamil Nadu (19 cases), these three States together accounted for 81.4% of total such cases. Out of 766 cases reported under section 5 of the IT(P)Act (relating to procuring or inducing or taking persons for purpose of prostitution), maximum cases were reported in Tamil Nadu (110 cases) followed by Telangana (105 cases), Karnataka (104 cases) and Maharashtra (100 cases), these four States together accounted for 54.7% total such cases. There were 3,351 victims (consisting of 595 males and 2,756 females) for 2,617 cases reported under the Immoral Traffic (Prevention) Act. Crime in India-2014 Procuration of minor girls (Incidence: 2,020 Rate : 0.2) Cases under this head have increased by 65.0% during the year 2014 as compared to the previous year (1,224 cases). 852 cases with equal number of victims were reported in West Bengal followed by Assam (303 cases & 303 victims). There were 2,025 victims for 2,020 cases. Maximum cases of procuration of minor girls were reported in West Bengal (852 cases) followed by Assam (303 cases), Bihar (280 cases) and Haryana (277 cases) during 2014 [Table-6A.2]. Buying of minors for prostitution (Incidence: 14 Rate : Negligible) Cases under this head have increased by 133.3% during the year 2014 as compared to the previous year (6 cases). In 2014, data collected under buying of minor for prostitution whereas in previous edition it was collected under buying of girls for prostitution. A total of 7 cases in Maharashtra followed by 4 cases in Jharkhand were reported under this crime head. Selling of minors for prostitution (Incidence: 82 Rate : Negligible) A total of 82 cases of selling of minors for prostitution were reported in the country during 2014 as against 100 such cases in 2013, thus indicating a decrease of 18.0% over 2013. West Bengal has reported 67 such cases accounting for 81.7% during 2014. 104 Crime in India-2014 105 Human Trafficking (Sec. 370 & 370 A IPC) (Incidence: 720 Rate : 0.1) Data on Human Trafficking under section 370 & 370A of IPC has been collected for the first time in 2014. A total of 720 cases of human trafficking under section 370&370A of IPC were reported in the country during 2014. Jharkhand has reported 150 such cases followed by Maharashtra with 108, Assam (68 cases), West Bengal (55 cases) and Madhya Pradesh (50 cases). However, maximum victims (2,605 persons) against 1,106 such cases were recovered/reported in Kerala during 2014. Disposal of Crimes by Police Out of 8,521 cases for investigation, 4,937 cases were disposed of by police (investigation completed). Charge-sheets were submitted in 4,489 cases resulting in 94.6 charge-sheet rate under crimes related to human trafficking during 2014. 100% detection by police (i.e. charge-sheet rate) was made in section 6 & 8 of Immoral Traffic (P) Act during 2014. A total of 3,584 cases remained pending for investigation at the end of the year 2014 [Table-6A.3]. Disposal of Crimes by Courts Out of 17,599 cases relating to human trafficking under trial, trials have been completed in 2,284 cases during 2014. A total of 1,029 cases under human trafficking ended in conviction, showing a conviction rate of 45.1. Maximum conviction rates were observed in cases under the Immoral Traffic (P) Act (49.8) whereas lowest conviction rate was reported under procuration of minors for prostitution (12.6) during 2014. A total of 15,246 such cases remained pending for trial at the end of the year, showing pendency rate of 86.6 A total of 1,255 cases accused persons were either acquitted or discharged by various courts during 2014. All crime heads under human trafficking have shown high acquittals during 2014 [Table-6A.4]. Crime in India-2014 Disposal of Person Arrested by Police Out of 21,694 persons (including 14,442 persons arrested), 12,378 persons were charge-sheeted under various crime heads relating to human trafficking during 2014. A total of 935 persons (consisting of 789 males and 146 females) and 3,328 persons (consisting of 2,386 males and 942 females) were charge-sheeted under sections 370 & 370A of IPC and the Immoral Traffic (Prevention) Act respectively during 2014. A total of 276 (consisting of 225 males and 51 females) were released or freed by police or magistrate before trial for want of evidence or any other reason. Investigation in respect of 64,842 accused persons remained pending at the end of the year 2014 [Table 6A.5]. Disposal of Person by Court Out of 65,440 persons (including 12,378 persons sent for trial during 2014), trials have been completed for 6,303 persons. A total of 2,323 persons have been convicted under various crime heads relating to human trafficking during 2014, maximum such convictions were reported under the Immoral Traffic (P) Act (2,256 persons) during 2014. A total of 3,951 persons were acquitted from all charges of offences relating to human trafficking and 29 persons were discharged for either want of evidence or otherwise by courts during 2014. A total 72 persons against whom cases reported under offences relating to human trafficking were compounded by courts and against 4 persons the cases reported under human trafficking were withdrawn during 2014. Trials of 46,683 persons remained pending in different courts at the end of the year 2014 [Table-6A.6]. 106
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