U.S. Department of State 2001 Trafficking in Persons Report - India

India (Tier 2)

India is a source, transit, and destination country for trafficked persons. Internal trafficking of Indian women and children is widespread. India is a destination country for Nepali and Bangladeshi women and girls for forced labor and prostitution. To a lesser extent, India is a country of origin for women and children trafficked to other countries in Asia, the Middle East, and the West. India serves as a transit point for Bangladeshi girls and women trafficked for sexual exploitation in Pakistan and boys trafficked to the Gulf States to work as camel jockeys. The trafficking of children to India for prostitution from Nepal and Bangladesh is widespread; many are children under 18 years of age.

The Government of India does not yet fully meet the minimum standards; however, the Government is making significant efforts to combat trafficking in persons. The central Government recognizes the trafficking problem, but is severely underfunded and typically unable to implement plans and initiatives with which it agrees. The Immoral Traffic (Prevention) Act (ITPA) prohibits trafficking in human beings (including children), encompasses sexual exploitation for commercial purposes of members of both sexes, and provides enhanced penalties for offences involving minors. While there is federal anti-trafficking legislation, almost all cases are tried at the state level, which is outside the jurisdiction of federal laws. The Government is amending the ITPA to increase penalties for traffickers, assist victims and is seeking legislation conferring on the central Government the primary role in efforts to prosecute trafficking. Backlogged courts and local corruption render most prosecutorial efforts ineffective. There has been limited progress toward training, sensitizing and gaining the cooperation of Indian State police. Many victims are arrested and abused by local police. Cooperation with neighboring countries (specifically Bangladesh and Nepal) in fighting trafficking has recently begun, but the Government has not yet prosecuted cross-border trafficking cases. In July 2000, the Government provided assistance to investigators from the United States who were seeking evidence to use to prosecute a trafficker. The NGO community has taken the lead on prevention, protection and prosecution programs and works well with some entities in the central Government; however, NGO's have a mixed record in securing the cooperation of state police and local government. The Government manages approximately 80 protective homes for victims of trafficking, some of which NGO's have criticized as severely lacking in victim assistance. Calcutta-based anti-trafficking NGO's have joined efforts with state agencies to protect and care for victims of trafficking by improving the quality and security at the main remand home for women and by providing counselors.