India faces a serious human smuggling crisis

Source: The post India faces a serious human smuggling crisis has been created, based on the article “Human smuggling must engage Parliament’s attention” published in “The Hindu” on 26th February 2025.

UPSC Syllabus Topic: GS Paper3- Security-Security challenges and their management in border areas – linkages of organized crime with terrorism.

Context: The article discusses the severe problem of human smuggling in India. It highlights how illegal immigration involves young Indians being misled by criminals into dangerous situations for profit. It calls for strong national legislation to tackle this issue, as current laws are insufficient.

For detailed information on Illegal Migration from India read this article here

What is the issue of illegal immigration in India?

1. Widespread Problem: Many young Indians attempt illegal immigration or “irregular migration” every year.
2. Key States Involved: Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir, Kerala, and Gujarat are major hubs.
3. Role of Smugglers: Human smuggling, known as kabootarbazi, is a high-profit illegal trade.
4. Severe Exploitation: Victims suffer inhumane conditions, including suffocation, starvation, and forced labour.
5. Deadly Outcomes: Many die in deserts, drown at sea, or are trapped in slave labour camps.
6. Legal Gaps: The Emigration Act, 1983, does not define human smuggling.

How Does Human Smuggling Affect Individuals?

1. Inhumane Treatment: Victims are often shackled, handcuffed, and humiliated during deportation. They return home heartbroken and in shame.
2. Extreme Suffering: Survivors report being forced to sit in human waste, deprived of food and water, and watching others die, with bodies dumped at sea or roadsides.
3. High Risk of Death: Many migrants suffocate in containers, drown at sea, or die in deserts. Some are forced to work in ammunition dumps or fields in Iraq under dangerous conditions.

What Are the Legal Measures in Place?

1. Emigration Act, 1983: Regulates the emigration of Indian citizens but does not define or address human smuggling. This creates a legal gap in tackling organized smuggling networks.
2. Punjab Travel Professionals Regulation Act, 2012: Regulates travel agents to prevent human smuggling. It mandates licensing for travel agents and includes penalties for illegal activities. However, implementation remains weak.
3. Emigration (Overseas Mobility Facilitation and Welfare) Bill: This bill has been discussed but not implemented. Its fate remains uncertain, leaving a crucial legal gap.
4. Lack of a Central Law: No national law directly targets human smuggling. A stronger legal framework is needed to combat organized crime and protect victims.

Conclusion

The government must act urgently. Parliament should create a strict law against human smuggling. This law should regulate migration, punish traffickers, and protect Indian citizens from exploitation. Effective enforcement is essential to stop this growing crisis.

Question for practice:

Examine the issue of human smuggling in India and the legal gaps that make it difficult to combat this crime.