Prosecuting traffickers is vital to end child trafficking

Source: The post Prosecuting traffickers is vital to end child trafficking has been created, based on the article “Bihar’s dark side — the hub of girl child trafficking” published in “The Hindu” on 30th July 2025

UPSC Syllabus Topic: GS Paper 2- mechanisms, laws, institutions and Bodies constituted for

the protection and betterment of these vulnerable sections.

Context: The alarming rise in child trafficking in Bihar, particularly through orchestras and sexual exploitation, has drawn national attention. Triggered by several recent rescues and a plea to the Patna High Court, the article examines the causes, system failures, and urgent need for action to dismantle trafficking networks.

For detailed information on Govt. to help combat child trafficking read this article here

Widening Scope of Child Trafficking in Bihar

1. Rising Cases and Rescue Operations: In 2024, Bihar police rescued 271 girls, many trafficked into orchestras or forced into sex work. In Saran district alone, 162 girls were rescued since January. Between March and June, Just Rights for Children (JRC) helped recover 116 girls from such troupes.
2. Orchestras as a Front for Exploitation: Girls were advertised as dancers but faced severe abuse, violence, and rape. Living conditions were inhumane—crowded, unhygienic, and oppressive.
3. Global and National Dimensions: Trafficking is among the largest global crimes. The ILO and UNICEF estimated that in 2024, around 138 million children were in labour, with 54 million in hazardous jobs. Women and children are particularly vulnerable.

Why Bihar Became a Trafficking Hub

1. Geographic and Social Vulnerabilities: Bihar’s porous border with Nepal and its links to trafficking-prone States like West Bengal, Jharkhand, and Chhattisgarh enable easy trafficking. Lack of oversight and social acceptance worsen the crisis.
2. Deceptive Promises and Cultural Exploitation: Traffickers exploit aspirations around music and dance, especially in States like West Bengal. Promises of marriage, jobs, and money lure girls. In Bihar’s “orchestra belt,” girls as young as 12 are sold for as little as ₹10,000.
3. Systemic Normalisation of Abuse: Girls are forced to dance to vulgar songs before intoxicated men and face rape or punishment if they resist. Society often turns a blind eye.

Legal Framework vs. Ground Reality

1. Robust Laws but Poor Implementation: India has a comprehensive legal framework to combat child trafficking and exploitation, including the Immoral Traffic (Prevention) Act, the Protection of Children from Sexual Offences (POCSO) Act, the Juvenile Justice Act, the Bonded Labour System (Abolition) Act, the Child and Adolescent Labour (Prohibition and Regulation) Act, and relevant provisions under the Bharatiya Nyaya Sanhita. However, conviction rates remain abysmally low. Cases are often filed as kidnappings or missing reports.
2. Institutional Gaps and Jurisdictional Failures: Anti-Human Trafficking Units (AHTUs) lack resources and training. Multi-State investigations collapse due to bureaucratic delays and jurisdictional confusion.
3. Post-Rescue Gaps and Repeat Exploitation: Many rescued girls are returned to the same families who sold them. Despite multiple rescues, orchestras continue to operate unchecked.

Urgent Measures and Judicial Action

1. Judicial Recognition and Call for Ban: Just Rights for Children petitioned the Patna High Court to ban minors in orchestras. The Court acknowledged the seriousness and directed the State to act.
2. Need for Strong Preventive Ecosystem: Prevention must begin at the village and school level. Panchayats should keep migration records. School absences should trigger alerts. Parents must be made aware of risks.
3. Transport and Enforcement Oversight: RPF’s railway vigilance should extend to buses and private carriers. Staff should be trained to detect trafficking. AHTUs must have trained full-time officers with cross-border coordination powers.

Towards a Prosecution-Led Strategy

1. Role of Prosecution in Ending Exploitation
   A recent C-Lab report across 24 States showed prosecution as the key to justice. NGOs, in coordination with law enforcement, rescued over 53,000 children and pursued legal action in each case.
2. Zero Tolerance and Long-Term Support
   Prosecution must be swift, and rehabilitation must be State-supervised. Victims should not be returned to harmful environments. Compensation and legal action must be enforced rigorously.
3. Orchestra Regulation and Accountability
   Orchestra groups must be mapped, monitored, and shut. Organisers, landlords, and exploiters must face prosecution and asset seizure. Labour Departments must inspect and report abuse.

The PICKET Strategy: A Way Forward

1. Policy and Institutional Strengthening: Strong laws must be supported by monitoring, prosecution, and rehabilitation by empowered institutions.
2. Convergence and Knowledge Sharing: Digital coordination and survivor insights are essential. Community awareness must be enhanced to detect trafficking.
3. Economic and Technological Deterrence: Make trafficking unviable. Use technology—heat maps, databases, and predictive tools—to track movements. States must share data and digitise records.
4. Justice as Prevention: Justice must be proactive. Dismantling the trafficking system is essential to prevent future harm. Laws exist—the challenge lies in political and administrative will.

Question for practice:

Discuss how systemic failures enable the continuation of child trafficking and exploitation despite existing legal frameworks.