[ Human Trafficking, Country-by-Country ]

INDIA (Tier 2) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of India does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared with the previous reporting period, considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity; therefore India remained on Tier 2. India’s states and union territories had primary responsibility for anti-trafficking efforts, with policy oversight from the central government. These efforts included investigating more human trafficking cases, collaborating with foreign governments on several trafficking cases, and convicting more traffickers for bonded labor. The National Commission for Women (NCW) launched a new anti-trafficking unit to build the capacity of Anti-Human Trafficking Units (AHTUs). The government approved a new program to support state and territory expansion of protection services for child victims of crime, including trafficking. However, the government did not meet the minimum standards in several key areas. The government prosecuted and convicted significantly fewer trafficking cases. The government identified fewer trafficking victims, with an over 75 percent decrease in the identification of bonded labor victims, and reported significantly fewer bonded labor cases, with 22 of India’s 36 states and union territories not reporting identification of any bonded labor victims or filing a case under the Bonded Labor System (Abolition) Act. Shortcomings in protection services for victims, especially children, remained unaddressed; efforts to audit government-run or -funded shelters were inadequate. Many victims waited years to receive central-government mandated compensation. The government did not amend Section 370 of the Penal Code to criminalize all forms of trafficking.

Prioritized Recommendations

Increase efforts to investigate and prosecute alleged traffickers, including for bonded labor and complicit officials, and seek adequate penalties for convicted traffickers, which should involve significant prison terms.

Strengthen existing AHTUs through increased funding and staff training, and ensure newly created AHTUs are fully resourced and operational.

Systematically and proactively identify trafficking victims by screening for trafficking indicators among vulnerable populations, including disseminating SOPs on victim identification, harmonizing central and state government processes for victim protection, and referring all victims to appropriate services.

Substantially increase efforts to identify bonded labor victims and refer victims to services through training of provincial police, labor inspectors, and social services, and de-link provision of the 2016 bonded labor scheme’s overall compensation from conviction of the trafficker.

Train prosecutors and judges on the importance of restitution for trafficking victims to increase the number of restitution orders for trafficking victims and urge legal aid offices to routinely inform trafficking victims of available victim compensation mechanisms.

Increase oversight of, and protections for, workers in the informal sector, including home-based workers, and train labor inspectors on human trafficking.

Establish and implement bilateral agreements with destination countries to enhance protections for Indian workers and formalize repatriation procedures for trafficking victims.

Implement and consistently enforce regulations and oversight of labor recruitment companies, including by eliminating recruitment fees charged to migrant workers and holding fraudulent labor recruiters criminally accountable.

Develop and implement regular monitoring and auditing mechanisms of government-run and -funded shelters to ensure adequate care, and promptly disburse funding to shelters that meet official standards for care.

Amend the definition of trafficking in Section 370 of the Penal Code to include labor trafficking and ensure that force, fraud, or coercion are not required to prove a child sex trafficking crime.