This article is part of the UPSC Daily Editorial Analysis, covering The Hindu editorial – " Human Smuggling must engage Parliament’s Attention," published on 26th February, by the best UPSC coaching in Kolkata.
Syllabus: UPSC Mains GS Paper II (Governance, Constitution, Polity, Social Justice and International Relations) and GS Paper III (Internal Security, Organized Crime and Border Management).
Recently, Indians were deported from the US in handcuffs and chains. After this, the Enforcement Directorate (ED) has intensified its probe into a network of agents and facilitators in India, Canada and the US involved in human smuggling and illegal migration schemes.
Human smuggling involves bringing noncitizens into a country by deliberately evading immigration laws. Human smuggling is an organized crime that thrives on false promises and deception.
Human smuggling is a gateway crime for additional criminal offenses, including illegal immigration, identity theft, document and benefit fraud, gang activity, financial fraud and terrorism.
Human smugglers operate with a singular motive—financial gain, with no regard for human life or safety. They exploit various trade and travel routes to illegally transport people using deceptive and often dangerous methods.
Human smuggling is often intertwined with organized crime, including drug trafficking, weapons smuggling and terrorism. This poses significant risks to public safety, border security and law enforcement operations.
Many smuggled individuals become victims of human trafficking, forced labor, or sex trafficking. Criminal networks may also extort their families or coerce them into illegal activities.
Smuggled individuals are exposed to harsh conditions, including lack of medical care, unsanitary environments and the spread of infectious diseases. This increases the likelihood of illness, injury and even death.
Migrants and their families often incur heavy financial burdens, paying smugglers additional fees for safer transportation methods. For example, higher prices may be charged for travel in tractor-trailers, which offer a better chance of crossing borders undetected.
Countries that serve as transit points face significant challenges, including overburdened medical facilities, strained law enforcement resources and increased organized crime. This can lead to social instability and humanitarian crises in these regions.
Each year, countless young Indians engage in ‘irregular migration’, driven by dreams of a better future. However, this illegal practice is fuelled by unscrupulous agents, often referred to as ‘unethical merchants of death’. These agents operate in Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir, Kerala and Gujarat. These traffickers exploit vulnerable youth by facilitating human smuggling (kabootarbazi) which is a highly profitable industry that operates outside legal boundaries, disregarding any fear of law or punishment.
New data from U.S. Customs and Border Protection (CBP) shows an unprecedented rise in undocumented Indian immigrants crossing U.S. borders. In the 2023 fiscal year, 96,917 Indians were encountered at U.S. borders—a fivefold increase from 2019-2020, when the number was 19,883.
Of the nearly 97,000 encounters in 2023:
Experts note that many Indian migrants prefer crossing the Southern border over waiting for visas in India.
The journey to the U.S. often spans multiple continents, facilitated by various smuggling networks. Common routes include:
Many migrants endure treacherous conditions, often ending up in limbo due to overwhelmed immigration systems.
Example: tragic deaths of a four-member Indian family from Dingucha village, Gujarat, who froze to death on January 19, 2022, while attempting to cross the Canada-US border illegally.
The U.S. immigration system is overwhelmed, with long backlogs and insufficient resources. Unlike Mexican migrants who can be turned back immediately, deporting Indian migrants is diplomatically complex. This often leads to extended stays while awaiting asylum hearings.
Experts attribute this surge to:
Scholars suggest that worsening conditions for Sikhs, Muslims and Christians in India, contribute to rising asylum claims. The 2020 farmer protests in Punjab and economic instability have further fueled migration.
Smugglers, posing as travel agencies, mislead hopeful migrants with false promises spread via Facebook, WhatsApp and advertisements in Indian villages. Many sell their life savings to fund these journeys, unaware of the extreme risks.
Investigators have uncovered a "complex network" of agents and facilitators managing transport, visas and legal support for illegal migrants through fake college admissions in Canada.
These fake admissions in Canada are commonly used as a front to smuggle people into the United States. The ED is scrutinizing over 8,500 financial transactions linked to a Gujarat Police Crime Branch investigation from 2023. Several international financial firms are also under investigation for processing remittances tied to human smuggling. Over the past year, the ED has conducted 35 searches and seized assets worth Rs 92 lakh.
Legal experts warn that individuals often fall prey to unscrupulous agents who mislead them with false promises of legal settlement abroad. Deportations and fraud cases involve unlicensed agents, particularly in Punjab, Delhi, Gujarat and Andhra Pradesh.
For criminal networks, human smuggling is a low-risk, high-profit trade. Indian youth, desperate for opportunities, fall prey to agents and end up in dire conditions—working in ammunition dumps, hazardous fields, or as undocumented laborers in foreign lands. This business has become more organized, involving transnational mafias, making it imperative for India to take decisive action.
Human smuggling is an organized crime that thrives on false promises and deception. Young migrants often fall victim to inhumane conditions, facing:
Survivors recount horrifying experiences of being trapped in filth, deprived of food and water and witnessing fellow migrants die, their bodies discarded at sea or on roadsides. The immense profits from this trade fuel corruption and organized crime, making it a deadly business that requires urgent intervention.
India’s current legal framework is inadequate in addressing human smuggling. The Emigration Act, 1983, which governs overseas migration, fails to define human smuggling or address its dangers. Parliament must urgently frame a new, comprehensive law to combat this crisis. While State laws exist, such as Punjab’s initiative, a national law is essential for effective enforcement.
The Punjab Travel Professionals Regulation Act, 2012, was enacted to regulate travel agents and curb illegal migration and human smuggling. It provides for:
While this law is commendable, its enforcement remains weak, limiting its effectiveness.
Experts suggest multiple strategies to curb illegal migration:
A comparison of the Emigration Act, 1983 and the Punjab Travel Professionals Regulation Act, 2012, reveals that while both have regulatory mechanisms, they do not directly tackle human smuggling. Punjab’s law is a step forward but a comprehensive national law is needed to control illegal migration, regulate borders and dismantle human smuggling networks.
Parliament must act decisively to protect Indian lives from falling prey to human traffickers. A strong central law with strict enforcement measures is crucial to curb this multi-billion-dollar criminal industry and ensure that no Indian suffers the horrors of illegal migration.
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PRACTICE QUESTION Q.Examine the key drivers of human smuggling from India and assess legal gaps in tackling it. Suggest measures for a stronger national policy. (250 words) |
Human smuggling is the illegal transportation of individuals across borders by evading immigration laws. It is an organized crime driven by financial gain, often leading to identity theft, fraud and trafficking.
Factors include economic distress, visa backlogs, political oppression and advanced smuggling networks. Many migrants take perilous routes via Mexico or Canada, risking their lives for better opportunities.
Smugglers use fraudulent documentation, dangerous transport methods and financial exploitation. They promise safe passage but expose migrants to life-threatening conditions, forced labor, or human trafficking.
The Emigration Act, 1983, lacks provisions against human smuggling. Punjab’s Travel Professionals Regulation Act, 2012, attempts to regulate agents, but weak enforcement limits its impact. A strong national law is needed.
India must strengthen labor policies, enforce stricter laws, sign migration agreements and run awareness campaigns in high-emigration states. A comprehensive national law is crucial to dismantle smuggling networks.
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