Copyright infringement not intended

Context:

Many young Indians fall prey to unethical agents exploiting their dreams of a better life abroad.

About Human Smuggling

Human smuggling (also termed “kabootarbazi”) involves illegally transporting individuals across borders, mainly for financial gain.

Criminal networks exploit vulnerable youth by promising lucrative jobs abroad, often leading to forced labor, exploitation, or death.

The United Nations Office on Drugs and Crime (UNODC) defines Human smuggling as “the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State of which the person is not a national or permanent resident” .

Migrants face extreme risks:

• Exploitation: Many end up in slave labor, such as clearing ammunition fields in Iraq or working in conflict zones .
• Dangerous Journeys: Perils include suffocation in containers, drowning at sea, or dying in deserts. Survivors recount being deprived of food, water, and dignity .
• Abuse: Migrants are often crammed into inhumane conditions, witnessing deaths and dumping of bodies at sea .

Current Legal Framework

The Emigration Act, 1983 fails to address human smuggling, the Act does not define human smuggling or provide mechanisms to combat this deadly trade. It focuses mainly on regulating recruiting agents for legal emigration.

Punjab enacted the Travel Professionals Regulation Act, 2012, which licenses travel agents and penalizes smuggling. However, implementation has been poor, limiting its effectiveness.

Gaps in the System

• No comprehensive central law to define, regulate, or penalize human smuggling.
• State laws are piecemeal and lack jurisdiction beyond their borders.
• Weak border controls and enforcement mechanisms.

Way Forward

Enact a Central Law

Parliament must urgently pass a national human smuggling law to:

• Define and criminalize smuggling.
• Regulate travel and recruiting agents.
• Impose stringent penalties, including prison terms and fines.

Strengthen Border Control

Enhance security through technology, surveillance, and inter-agency coordination. The U.S. has launched initiatives like Operation Sentinel to dismantle smuggling networks, a model India could adopt.

Awareness Campaigns

Educate youth about the risks of irregular migration. The U.S. Customs and Border Protection’s “Say No to the Coyote” campaign offers a template for digital outreach .

International Cooperation

Human smuggling is a transnational issue. The UN’s Protocol against the Smuggling of Migrants (2000) urges states to criminalize the trade while protecting migrants’ rights. Countries like the U.S. and EU have robust laws and enforcement mechanisms, such as the U.S. Human Trafficking National Action Plan (2021). India should learn and adopt the best practices. 

Must Read Articles:

DELAYING ANTI-TRAFFICKING AGENCY

HUMAN TRAFFICKING

HUMAN TRAFFICKING

Source:

THE HINDU

https://t.me/+hJqMV1O0se03Njk9