The number of trafficking cases of children and teens under the age of 18 registered in India witnessed a sharp decline in 2017, as opposed to 2016, where it had risen by nearly 25%. Trafficking cases for people under the age of 18 declined by 60% in 2017. 

2016’s National Crime Record Bureau’s crime statistics showed that 9,034 cases were registered, and 2017 slumped to 3,553 across the country. 

In the report, there are numbers listed in the crime statistics data under human trafficking as a section and a list of crimes under the Indian Penal Code registered for children also has data pertaining to trafficking, but only under IPC Sections 370 and 370A (trafficking and exploitation of trafficked persons). 

On the other hand, it is assumed that the numbers filed under human trafficking section pertain to cases filed under the Immoral Trafficking Prevention Act, which only deals with trafficking for the purpose of prostitution. Therefore, the numbers filed cases filed under IPC sections and under the Act could vary.

“The Immoral Traffic Prevention Act focuses on trafficking in girls and women only for commercial sexual exploitation, whereas provisions in the Indian Penal Code are restricted only to prosecution with no provisions for victims' rehabilitation or protection rights, which is why there has been a long-standing demand for a common law for all forms of trafficking, and not just prostitution,” said Roop Sen, an activist and Managing Partner at Changemantras. 

For IPC crimes for children, 2017 had 738 victims of trafficking, down from 763 in 2016. For 2017, out of 738, 321 cases are from Delhi alone. 

However, experts tell TNM that it is possible that there are discrepancies and underreporting, and the data does not tell the full story.

Jameela Nishat, who runs Shaheen, an NGO in Hyderabad’s Old City area, says that some girls who are trafficked have false Aadhaar cards that claim that they are 18 years of age. 

“In Hyderabad, we have noticed that as the government has made the laws stricter, the criminals too have their strategies. Instead of calling them directly, WhatsApp is helping them out. It looks as though the girls are going of their own volition, in the name of ‘khadama’,” she said. Khadama refers to those going to Gulf countries to work as housemaids, but the women and girls are often trafficked.  

““Everything else tells me that because there has been no structural shift or any other major circumstantial changes — such as reduction in the poverty levels, income inequality, other developmental shifts, etc. to explain a signficant drop in human trafficking. The data is probably under-reported, and that could be for various reasons,” Roop said. 

Both Jameela and Roop attribute one primary reason for underreporting — political will. 

"There has been an unreported political message in governments to resist using trafficking-related sections while registering cases," he said.

Jameela also said that political will is a major reason, as governments want to show that nothing is happening and that things are well. 

Another column under IPC crimes against children, which pertains to the import of girls from foreign countries, could be underreported. The all-India number is 2. 

“When one goes to Maharashtra and speaks to people from Maharashtra, they will tell you how girls are being trafficked from Bangladesh to Maharashtra for prostitution. In their experience, it continues to be a persistent problem,” said Roop, adding that there is data from Nepali organisations about girls trafficked to India. 

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, which was passed by the Lok Sabha earlier in 2019, has been criticised for not addressing key issues. 

“Its focus on addressing trafficking from a criminal law perspective is not sufficiently complemented by a human-rights based and victim-centred approach, and this risks further harming already vulnerable individuals,” UN experts had said. The Bill has even been called a “misguided attempt,” and it remains to be seen if the government will bring a uniform anti-trafficking law that helps victims.