FIELD REPORT:

ON

A SOCIO-LEGAL STUDY FOR COMBATING CHILD TRAFFICKING IN THE

DISTRICT OF DARJEELING, ALIPORE DUAR, JALPAIGURI AND COOCH-BEHAR

TITLE OF THE STUDY:

TRANS-BORDER TRAFFICKING OF CHILDREN VIA CHICKEN’S NECK(SILIGURI

CORRIDOR) IN THE TRI-JUNCTION OF BANGLADESH, NEPAL AND BHUTAN

AREA OF STUDY:

SILIGURI SUB-DIVISION, DARJEELING DISTRICT, WEST BENGAL

SUBMITTED BY:

SHIVAM JAISWAL

Roll No.: 10

LL.M. (SEMESTER-I)

UNDER THE SUPERVISION OF:

Prof. (Dr.) GANGOTRI CHAKRABORTY

HEAD, DEPARTMENT OF LAW

UNIVERSITY OF NORTH BENGAL

DEPARTMENT OF LAW
UNIVERSITY OF NORTH BENGAL
RAJA RAMMOHANPUR, DARJEELING - 734013
 ACKNOWLEDGEMENT

I would like to express my sincere gratitude to my Supervisor Prof. (Dr.) Gangotri

Chakraborty, Head of the Department of Law, University of North Bengal, who provided me
a golden opportunity to conduct field study on one of the alarming and global issues of the
present generation which has helped me do a lot of research on the issue and by which I have
discovered new horizons.

I am thankful to Prof. (Dr.) Rathin Bandyopadhyay for his encouragement and support during
the field work. I am also thankful to Dr. Sujit Kumar Biswas for his motivating and
encouraging approach towards us.

I would like to thank my Mentor, Sagnika Das for her support, assistance and guidance
throughout the field work and in compilation of the data collected.

I gratefully acknowledge the Library of the Department of Law, University of North Bengal
and its members for their direction to the wide range of research material in the library.

I convey my deepest gratitude to the people of Siliguri Sub-division and Law Enforcement
Agencies of Siliguri for their participation and co-operation throughout the field work.

Dated:

__________________

Shivam Jaiswal

LL.M (Semester-I)

Department of law

University of North Bengal

POLITICAL MAP OF INDIA
POLITICAL MAP OF WEST BENGAL
MAP OF SILIGURI SUB-DIVISION
 TABLE OF CONTENTS

INTRODUCTION.........................................................................................................................1

EVOLUTION OF THE PROBLEM............................................................................................1

STATEMENT OF THE PROBLEM...........................................................................................3

RESEARCH QUESTIONS..........................................................................................................4

HYPOTHESIS.............................................................................................................................4

OBJECTIVE OF THE STUDY...................................................................................................4

SIGNIFICANCE OF THE STUDY.............................................................................................5

SCOPE OF THE STUDY............................................................................................................5

LIMITATION OF THE STUDY.................................................................................................5

RESEARCH METHODOLOGY.................................................................................................5

MODE OF CITATION................................................................................................................7

CHAPTER – I................................................................................................................................8

INTERNATIONAL INSTRUMENTS ON TRAFFICKING....................................................8

CHAPTER II................................................................................................................................18

DATA ANALYSIS OF RESPONSES OF THE EMPLOYERS.............................................18

CHAPTER - III............................................................................................................................37

DATA ANALYSIS OF RESPONSES OF THE LAW ENFORCEMENT AGENCIES.......37

CHAPTER – IV...........................................................................................................................56

CONCLUSIONS AND SUGGESTIONS...................................................................................56

BIBLIOGRAPHY........................................................................................................................59
TRANS-BORDER TRAFFICKING OF CHILDREN VIA CHICKEN’S NECK(SILIGURI
CORRIDOR) IN THE TRI-JUNCTION OF BANGLADESH, NEPAL AND BHUTAN

EVOLUTION OF THE PROBLEM

The modern day menace of human trafficking finds its roots in slavery, a legacy of Colonialism.
In the 19th century, slavery was used as a fuel to boost the agricultural industries in the West. On
papers, slavery has been abolished as a practice. But the abolition had to be followed by social,
economic and psychological supports.1 Unfortunately, slave like conditions and mentalities
persisted which paved the way for the exploiters to trade in human beings for the purpose of
making profits through forced labor, sex slavery, commercial sexual exploitation, organ trade,
forced beggary and other illegal activities. Concisely, these activities are called human
trafficking.2 Human trafficking is different from human smuggling. Where in former case, men,
women and children can be exploited and trafficked intra-state or inter-state(trans-border
trafficking), in the latter case, an individual voluntary seeks to gain illegal entry into a foreign
country of which he is not a national or resident to gain financial or other material benefits. Such
entry is aided by the human smugglers.3

Trans-border trafficking, in easy words can be understood as recruitment of persons in poor

countries(source point of trafficking) and trafficking them to relatively rich countries(destination
point of trafficking). Poor Countries act as ‘push factor’ and rich countries act as ‘pull factor’ for
trafficking which ultimately forms a ‘demand and supply chain’ of trans-border trafficking.4

1
SAGEPUB, (Jan. 8, 2021, 2:30 PM),
https://us.sagepub.com/sites/default/files/upm-assets/86866_book_item_86866.pdf.
2
BRITANNICA, (Jan. 8, 2021, 3:30 PM), https://www.britannica.com/topic/human-trafficking.
3
SASHASTRA SEEMA BAL, (Jan. 8, 2021, 4:05 PM)
https://www.google.com/url?sa=t&source=web&rct=j&url=https://ssb.nic.in/WriteReadData/LINKS/Final
%2520Vision%2520Docs8740ab3e-2462-42ea-9a64-adf9cedca5e8.pdf.
4
PM Nair, Handbook for Law Enforcement Agencies in India, UNODC, 45(Feb. 14 2021, 3:05 PM),
https://www.google.com/url?
sa=t&source=web&rct=j&url=https://www.un.org/ruleoflaw/files/Handbook_for_Law_Enforcement_Agencies_in_I
ndia
%5B1%5D.pdf&ved=2ahUKEwiar8reiYLvAhUSwzgGHYZaCE0QFjAAegQIARAC&usg=AOvVaw3gaaj4nWOir
wgvdQZRy2HU.
Children are the most vulnerable section of our society. Orphans, victims of abuse,
unaccompanied children and those belonging to marginalized groups such as minorities or
internally displaced persons are likely to be trafficked internally as well as trans-border. 5
Children ranging from the age between 5-16 years, who are socio-economically deprived are
promised false jobs with high income, adolescent girls are first stalked by the traffickers and then
are promised dream jobs in big cities or are given false marriage promises and end up being
trafficked cross borders. India is a source, transit as well as destination point for trans-border
trafficking of children. India is a destination for children trafficked from neighboring countries
such as Bangladesh, Nepal and Bhutan and a transit country for persons being trafficked to the
Middle East and other countries.6

According to a report of Sashastra Seema Bal(SSB), the gravest challenge which emanates in
countering trans-border trafficking is from the ‘Chicken’s neck’(Siliguri Corridor) in Siliguri
Frontier. This part is the tri-junction of Nepal, Bhutan and Bangladesh. This makes it a fertile
ground for trans-border trafficking.7 Situated in a narrow corridor of land between the borders of
Nepal, Bangladesh and Bhutan rests the city of Siliguri. The prominence of hotels in Siliguri for
the tourists who come here to visit Darjeeling and Sikkim and existence of red-light areas
increase the chances of sex tourism which suggests the role of Siliguri as transit and destination
point of children who are trafficked from neighboring countries such as Bangladesh, Nepal and
Bhutan.8

In South Asia, Nepal remains the top country that carries the burden of worldwide child
trafficking followed by India. The widespread poverty, lack of proper and dignified living
conditions, and lack of livelihood opportunities are some of the factors which are predominantly

5
ADOLESENCE AT THE BORDER, (Jan. 9, 2021, 5:23 PM)
http://www.justiceandcare.com/wpcontent/uploads/sites/4/2018/06/AdolescenceattheBorder.pdf.
6
Sarasu Esther Thomas, Responses to Human Trafficking in Bangladesh, India, Nepal and Srilanka, UNODC
26(Jan. 9, 2021, 10:40 PM),
https://www.google.com/url?
sa=t&source=web&rct=j&url=https://www.unodc.org/documents/humantrafficking/2011/Responses_to_Human_Tr
afficking_in_Bangladesh_India_Nepal_and_Sri_Lanka.pdf&ved=2ahUKEwihsaPk4LvAhVC7nMBHTeqDY8QFjA
AegQIARAC&usg=AOvVaw37IQHehoiSrBFihK8m4xHS.
7
SASHASTRA SEEMA BAL, (Jan. 8, 2021, 4:05 PM)
https://www.google.com/url?sa=t&source=web&rct=j&url=https://ssb.nic.in/WriteReadData/LINKS/Final
%2520Vision%2520Docs8740ab3e-2462-42ea-9a64-adf9cedca5e8.pdf.
8
WORLD VISION INDIA, (Jan. 9, 2021, 10:05 PM)
https://www.wvi.org/urban-programmes/publication/siliguri-urban-pilot-project.
present in Nepal which act as ‘Push Factor’ for the Nepalese to migrate to India via Siliguri for a
better and secured life. Moreover, The Indo-Nepal Treaty of Peace and Friendship, 1950 signed
between the countries provides for an open border between the two countries9. Around 10,000-
15,000 Nepali women and children are trafficked to India annually. Of these 7,000-10,000 girls
are minor between the age of 9-16 years.10 Nepal and India have cooperated and coordinated to
keep an eye on trans-border trafficking. Nepal’s Armed Police Force(APF) and India’s
Sashastra Seema Bal(SSB) patrol in their respective border areas in this respect.

Bangladesh shares a 4,156 km border with 30 districts on the Indian side. There are people on
both sides of the border involved in this trafficking chain. Illegal migration into India through
unusual routes often leads migrants to trafficking. 11 A number of Bangladeshi girls below 18
years of age from the villages are brought to Siliguri and sold to the brothels or circus. An
estimated 10,000-15,000 women and children are trafficked from Bangladesh to India annually
whereas an average of at least 70-80 women and children are trafficked daily from Bangladesh to
other countries.12

India and Bhutan share open borders which make its control more challenging as law
enforcement agencies and especially border officials are unprepared to identify possible suspects
and their victims in the case of human trafficking. Bhutan is a source and destination country for
children vulnerable to forced labor and sex trafficking. While most domestic workers in Bhutan
are young girls from poor, rural areas of the country, Indian women and minor girls are often
recruited from the remote villages of West Bengal and then brought to the transit point Siliguri.
Finally, they are trafficked to Bhutan. The United Nations Office on Drugs and Crime had
organized an Indo-Bhutan border strengthening workshop on countering human trafficking in
9
WISCOMP, (Jan. 9, 2021, 9:15 PM)
http://wiscomp.org/Publications/38%2520-%2520Perspectives%252031%2520-%2520Cooperation%2520to
%2520Combat%2520Cross%2520Border%2520Trafficking%2520India-Nepal-Bangladesh.pdf.
10
SASHASTRA SEEMA BAL, (Jan. 8, 2021, 4:05 PM)
https://www.google.com/url?sa=t&source=web&rct=j&url=https://ssb.nic.in/WriteReadData/LINKS/Final
%2520Vision%2520Docs8740ab3e-2462-42ea-9a64-adf9cedca5e8.pdf.
11
Sarasu Esther Thomas, Responses to Human Trafficking in Bangladesh, India, Nepal and Srilanka, UNODC (Feb.
16, 10:40 PM),
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.unodc.org/documents/human-
trafficking/2011/Responses_to_Human_Trafficking_in_Bangladesh_India_Nepal_and_Sri_Lanka.pdf&ved=2ahUK
Ewih-saPk4LvAhVC7nMBHTeqDY8QFjAAegQIARAC&usg=AOvVaw37IQHehoiSrBFihK8m4xHS.
12
THE ECONOMIC TIMES, (Jan. 9, 2021, 6:10 PM), https://m.economictimes.com/news/politics-and-
nation/india-nepal-to-step-up-border-patrol-to-curb-border-crimes/articleshow/45404410.cms.
May, 2015 in Siliguri, West Bengal to bring together NGOs, SSBs and the Police administration
of Siliguri to fight the menace of Trans-border trafficking.

Taking inspiration from Article 23 and Article 39(e) and (f) of the Constitution of India, a
number of legislations and legislative provisions has been framed which penalize trafficking in
children, namely Indian Penal Code, 1860, Immoral Traffic(Prevention) Act, 1956, POCSO Act,
2012, Child Labor(Prohibition and Regulation) Act, 1986 and others. However, their effective
implementation has been doubtful.

STATEMENT OF THE PROBLEM

Although, a number of legislations exist in India, generally providing for the protection of
children from human trafficking but there are implementational issues. At present, there is no
specific legislation on trafficking in children. Trafficking in Persons (Prevention, Protection and
Rehabilitation) Bill, 2018 has not yet been passed by the Parliament. Trans-border trafficking
does not find its direct mention in any legislation in force in the territory of India. Social
unawareness and ignorance about child trafficking and corrupt practices of law enforcement
agencies make children vulnerable to trafficking.

RESEARCH QUESTIONS
1. What is the International and National legal framework with respect to trafficking in
children?
2. Are the legislations relating to child trafficking in India in keeping with the International
Instruments on trafficking in persons?
3. Whether laws in force relating to trafficking in children adequate enough to tackle intra-state
and trans-border trafficking of Children?
4. Whether Governments of India, Nepal, Bangladesh and Bhutan should adopt a common
mechanism to counter Trans-border trafficking of children via Siliguri Corridor in
Bangladesh, Nepal and Bhutan?

HYPOTHESIS
Article 23 of the Constitution of India prohibits human trafficking. There are a number of
legislations in the Country which provide penalty for trafficking in persons. It is the need of the
hour to consolidate and compile all the statutes relating to trafficking in persons into one code
which is sufficient to deal with intra-state and trans-border trafficking in persons in all respects.
The proposed code may adopt relevant International instruments on trafficking in persons
depending upon socio-economic capacity of our country. A separate police unit can be set up in
Siliguri Sub-division to work in the area of missing children. Common mechanism can be
adopted by the Government of India, Bangladesh, Nepal and Bhutan to curb trans-border
trafficking of children via Siliguri Corridor within these countries. NGOs, law enforcement
agencies and informed citizenry can generate social awareness in this respect.

OBJECTIVE OF THE STUDY

The objective of this research is to find out the level of awareness amongst the people of Siliguri
Sub-Division about the trans-border trafficking in children via Siliguri Corridor and also to
check the implementation of existing laws on trafficking by law enforcement agencies. The
emphasis is on the need of a common code on trafficking in India and common mechanism to be
adopted by India, Bangladesh, Nepal and Bhutan to prohibit trans-border trafficking via Siliguri
Corridor.

SIGNIFICANCE OF THE STUDY

The significance of this research work is to find out the primary data relating to the trafficking of
children and the matters influencing the same which will add important value to the existing data
relating to the same.

SCOPE OF THE STUDY

This study seeks to take the notice of trans-border trafficking of children via Siliguri Corridor in
the light of International and National framework relating to trafficking in children and
implementation of laws in force by law enforcement agencies.

LIMITATION OF THE STUDY

This research is confined to the trans-border trafficking in of children via Siliguri Corridor in
Bangladesh, Nepal and Bhutan. Trans-border trafficking happening from other parts of the
country and the world has been excluded from the present study.

RESEARCH METHODOLOGY
The methodology which has been applied to this research work is doctrinal, analytical and
empirical and includes both qualitative and quantitative research work. For the completion of the
research work, both primary and secondary sources of data has been utilized. Primary data has
been collected through questionnaires consisting of both close-ended and open-ended questions.
Secondary data, i.e. doctrinal references in the form of statutes, books, articles, journals and
reports have been referred for augmenting the primary data with theoretical knowledge and to
have a primary idea on the topic.

The data so collected has been first cross-checked and then analysed through tabular and
graphical presentation of the responses in figures and percentage. Based upon it, findings have
been made by the researcher, conclusions has been drawn and suggestions were made
accordingly.

(i) Area of Study

The field survey has been conducted in 8 wards of Siliguri Municipal Corporation, 4 Community
Blocks of Siliguri Sub-division, and 7 law enforcement agencies coming within Siliguri Sub-
division, District Darjeeling, West Bengal.

(ii) Sampling

The researcher has chosen purposive sampling method for the survey of employers and the law
enforcement agencies.
a) For the survey of employers, every 11th ward was selected purposively from the Siliguri
Municipal Corporation(SMC) out of 33 wards in Siliguri Sub-division. Additionally, 1 Gram
Panchayat(G.P.) from each of the 4 Community Blocks (Matigara, Phansidewa, Khoribari
and Naxalbari) of Siliguri Sub-division was also selected for the survey of employers.
b) For the survey of law enforcement agencies, 4 Police Stations and an Anti-Human
Trafficking Unit(AHTU) of the Siliguri Police Commissionerate was chosen purposively.
Border Out Posts(BOPs) of Sashastra Seema Bal, Ranidanga(at Indo-Nepal border) and
Border Security Force, Baneshwar Jote(at Indo-Bangladesh border) were also chosen for the
survey.

(iii) Data Collection

The data has been collected from the employers whose place of work is in Siliguri Sub-division
and law enforcement agencies as established and operating from Siliguri. Open-ended and close-
ended questions relating to trafficking in persons has been placed before the above-mentioned
categories to know their opinions regarding the same. Data has been collected from following
number of persons:

a) Number of Employers: 6 employers from every 11th ward of Siliguri Municipal Corporation
and from 1 Gram Panchayat of each Community Block of the Siliguri Sub-division of the
district of Darjeeling. In total, 42 employers have been surveyed.
b) Number of Law Enforcement Agencies: 7 law enforcement agencies namely, Anti-Human
Trafficking Unit(AHTU), Pradhannagar P.S, Matigara P.S., Phansidewa P.S., Naxalbari P.S.,
51st Battalion of Sashastra Seema Bal(SSB), Ranidanga and 41 st Battalion of Border Security
Force(BSF), Baneshwar Jote have been surveyed during the field work.

(iv) Limitations

The present survey suffered from following limitations:

a) Border Out Post of SSB at Indo-Bhutan border could not be interviewed: For the present
research work, researcher has chosen Siliguri Sub-division of Darjeeling district as the area
of field study. It was not possible for the researcher to interview Border Out Post of Sashastra
Seema Bal at Indo-Bhutan border, as it is situated at Jaigaon, which comes under the district
of Alipurduar, West Bengal.
b) Situation of Pandemic: Due to the pandemic situation, difficulties were faced during the
conduct of the field survey as most of the employers were unwelcoming. Health safety was
an obvious challenge as respondents were hardly following safety protocols as issued by the
Central and State Government.
c) Time Management: In the limited time allotted for the survey, it was not possible for the
surveyor to survey all the employers and law enforcement agencies coming within Siliguri
Sub-division. Hence, these targeted groups were selected through purposive sampling so as
to cover the entire field work area of Siliguri Sub-division.
d) Fragmented Places: Different places in which the survey was conducted were located far
from each other. The distance between these places varied from 3 kilometers to 10
kilometers. This made the journey time consuming and the number of respondents very
limited.
e) Reluctant Respondents: It was found that employers as well as law enforcement agencies
were hesitant in their response. A number of employers abstained from participating in the
 survey because of the work load and as well as ignorant attitude. Those who participated
were hesitating in sharing any information because of the sensitivity of the topic. Few law
enforcement agencies denied sharing any data and few of them provided very little data.

MODE OF CITATION
The mode of citation will be “The Bluebook : A Uniform Mode of Citation, 20th Edition, 2015.13

THE BLUEBOOK : A UNIFORM SYSTEM OF CITATION R. 15.8 (c)(v), at 156 (Columbia Law Review
13

Ass’n et al eds., 20th ed. 2015).

 DATA ANALYSIS OF RESPONSES OF THE EMPLOYERS

Researcher while conducting the survey interviewed 42 employers from the Siliguri Municipal
Corporation and Community Blocks of Siliguri Sub-division. These employers were running Tea
Estates, Tea shops, Automobile repair shop (or Garage), agricultural business, grocery shops and
hotels. Data collected from the employers has been analysed both in figures and percentile and
illustrated in the form of pie charts.

QUESTIONNAIRE FOR EMPLOYERS

A. Personal Details

1. Name: 2. Age:

3. Gender: 4. Religion:

5. Residence: 6. Education:

7. Income:

B. Field Details

1. What is the nature of your work?

a) Business

b) Shop owner

c) Plantation & Field work

d) Factory owner
2. How many persons below the age of 18 are working for you?

3. What is the salary paid to these persons?

4. How did you get to employ them?

a) Brought by parents

b) Given/sold to me

c) Brought by neighbours

d) Come by themselves

e) Brought by an acquaintance

5. How do they work?

a) Efficiently

b) Mediocre

c) Useless

6. Do they face any of the following?

a) Physical abuse

b) Sexual abuse

c) Mental abuse
 d) Economic exploitation

7. Is the salary paid on time?

Yes; No.

If yes, how much? _______________________________.

8. What is the duration of their work time?

9. Do they get leave to go home?

Yes; No.

If yes, how often and for how long? __________________________________________.

10. Do they get food regularly?

Yes; No.

If yes, how many meals a day? _________________________________.

11. Are they allowed to play?

Yes; No.

If yes, for how long? ________________________________________

12. Are they allowed to study?

13. What happened to them during lockdown?

14. Where did they stay during lockdown?

15. How did they study during lockdown?

16. Any other remark

Q.1 What is the nature of your work?

Nature of Work Number of Employers Percentage

Business 16 38%
Shop owner 17 41%
Plantation and Field Work 9 21%
Factory Owner 00 -
Total 42 100%
Table No.:01

Out of 42 employers surveyed, the data stands:

Nature of work of the Employer

FINDINGS:

In this closed-ended
21%
question, out of 42
38% Business
Shop owner employers surveyed,
Plantation and Field Work
it was found that 17
40% employers(i.e. 41%)
were Shop owners,
followed by 16
employers(i.e. 38%)
whose occupation was
business and 9 employers(i.e. 21%) who are engaged in the works relating to field(agricultural
work) and plantation(Tea Estates). The researcher did not come across any employer during the
survey who was an owner of a factory.

Q.2 How many persons below the age of 18 are working for you?

Number of Minor Persons Number of Employers Percentage

1 Person 9 21%
2-4 Persons 4 10%
No Person below the age of
29 69%
18 years.
42 100%
Table No.:02

Out of 42
Workers below the age of 18 Years
respondents
surveyed, the data
stands:
21%
1 Person
2-4 Persons
10% No Person below the age of 18
years.
FINDINGS:
69%

In this open-ended
question out of 42
employers surveyed,
majority of them(i.e.
29 employers constituting 69%) stated that there is no person working under them below the age
of 18 years. 9 employers(i.e. 21%) stated that they have only one minor working for them. Out of
these 9 employers, 4 employers were running a grocery shop, 4 were running a Tea Shop and 1
employer was engaged in the agricultural business. Only 4 employers(i.e. 10%) affirmed that
they have employed up to 4 children in their shop. Out of these 4 employers, one employer had
an auto-mobile repair shop( or garage) and 3 employers were running small hotels.

(All the questions dealing with child labour hereinafter shall be analysed only in respect of
13 employers who affirmed that they have child workers employed under them)

Q.3 What is the salary paid to these children?

Amount of Salary Paid

Number of Employers Percentage
(In Rs.)
1000-2000 5 39%
3000-5000 6 46%
More than 5000 2 15%
Total 13 100%
Table No.: 03
Out of 13 respondents surveyed, the data stands:

Amount of Salary paid to child workers

FINDINGS:

In this open ended

15%
question, out of 13
38% 1000-2000
3000-5000 employers who
More than 5000
affirmed that they
46%
have minor workers
employed under them,
6 employers(i.e. 46%)
affirmed that the
salary paid by them to
their workers is Rs. 2500, 4000 and 5000 respectively ( i.e. between Rs. 2000-5000). 5
employers( i.e. 39%), stated that they pay to the child workers up to Rs. 2000 per month. Only 2
employers stated that they pay more than Rs. 5000 per month.

Q.4 How did you get to employ them?

Source by whom Child was

Number of Employers Percentage
brought
Brought by Parents 4 31%
Given/sold to me 00 -
Brought by Neighbors 01 8%
Came by themselves 6 46%
Brought by an acquaintance 2 15%
Total 13 100%
Table No.: 04

Out of 13 employers surveyed, the data stands:

 Source by which child was brought to work
FINDINGS:

In this close ended

15%
31% Brought by Parents
question out of 13
Brought by Neighbors
Came by themselves
employers surveyed,
Brought by an acquaintance
6 of them(i.e. 46%)
8%
46%
affirmed that the
children came for the
work by themselves. 4
employers(i.e. 31%)
stated that children
were brought to work by their parents. 2 employers(i.e. 15%) stated that the child was brought by
an acquaintance(a person who resides in his locality). Only 1 employer(i.e. 8%) stated that the
child was brought by his neighbour.

Q.5 How do they work?

Quality of Minor Worker Number of Employers Percentage

Efficient 7 54%
Mediocre 4 31%
Useless 2 15%
Total 13 100%
Table No.:05

Out of 13 employers
Quality of work done by the Child worker
surveyed, the data
stands:

15%

Efficient
Mediocre FINDINGS:
54% Useless
31%
In this close-ended
question, out of 13
employers surveyed,
7 employers(i.e. 54%)
were of the view that the workers are efficient. On the other hand, 4 employers(i.e. 31%) stated
that the workers are only mediocre and are given light jobs. Only 2 employers(i.e. 15%) affirmed
that the worker is useless.

Q.6 Do they face any of the following?

Abuse or Exploitation Number of Employers Percentage

Physical Abuse 00 -
Sexual Abuse 00 -
Mental Abuse 00 -
Economic Exploitation 00 -
None of the Above 13 100%
Total 13 100%
Table No.: 06

Out of 13 employers surveyed:

FINDINGS:

In this close-ended question, out of 13 employers(i.e. 100%) surveyed, every employer was of
the common view that the children working under them are neither exploited economically nor
abused physically, sexually or mentally. All the employers were in agreement that children
working under them are safe and do not face any abuse or exploitation.
Q.7 Is the salary paid on time?

Response of the Employer Number of Employers Percentage

Yes 12 92%
No 01 8%
Total 13 100%
Table No.:07
Whether salary is paid on time?

8%
Out of 13 employers
surveyed, the data
Yes
No stands:

FINDINGS:
92%

In this close ended

question, out 13 five
employers surveyed,
majority of the
employers(i.e. 12 employers constituting 92%) affirmed that salary is paid to the working
persons on time. Only one employer(i.e. 8%) stated that every month it is not possible for him to
give salary timely to the workers. Nevertheless, he tries to be punctual with the payment of
salary.
Q.8 What is the duration of their work time?

Duration of Work Number of Employers Percentage

Less than 6 hours and 7 days
02 15%
a week
Less than 6 hours and 6 days
06 46%
a week
More than 6 hours and 7 days
01 8%
a week
More than 6 hours and 6 days
04 31%
a week
Total 13 100%
Table No.: 08

Out of 13 employers
Duration of work of the child workers
surveyed, the data
stands:
15%
31% Less than 6 hours and 7 days a week FINDINGS:
Less than 6 hours and 6 days a week
More than 6 hours and 7 days a
week
More than 6 hours and 6 days a
In this open-ended
week
8%
46% question, out of 13
employers interviewed,
different employers had
similar as well as
different responses. 6
employers(i.e. 46%) stated that working hours of the workers is less than 6 hours and only 6 days
a week(except Sunday). 4 employers(i.e. 31%) stated that the working hours is more than 6 hours
and 6 days a week. 2 employers(i.e. 15%) stated that working hours of all the workers including
the minor worker is less than 6 hours and 7 days a week. Only 1 employer(i.e. 8%) stated that
working hours is more than 6 hours and 7 days a week.

Q.9 Do they get leave to go home?

Response of the Employer Number of Employers Percentage

Yes 13 100%
 No 00 -
Total 13 100%
Table No.:9

Out of 13 employers surveyed:

FINDINGS

In this close ended question, out of 13 employers surveyed, all the 13 employers (constituting
100%) affirmed that the persons working under them below the age of 18 years get leave to go
home.

If yes, how often and for how long?

Duration of leave Number of Employers Percentage

Daily after the completion of
12 92%
the working day.
On the Weekends and
01 8%
Occasions
Total 13 100%
Table No.: 10

Out of 13 employers surveyed, the data stands:

Duration of leave given to the child workers

FINDINGS:

8% In this open-ended
question, out of 13
Daily after the completion of the
working day.
On the Weekends and Occasions employers surveyed,
majority of them( i.e.
92%
12 employers
constituting 92%)
affirmed that the
workers get leave to go
to their respective homes daily after the completion of the working day. Only 1 employer(i.e.
8%) of the total sample) stated that the worker goes to his home only on the weekends and on
occasions.

Q.10 Do they get food regularly?

Response of the Employers Number of Employers Percentage

Yes 13 100%
No 00 -
Total 13 100%
Table No.: 11

Out of 13 employers surveyed:

FINDINGS:

In this close ended question out of 13 employers surveyed all of them affirmed that the workers
get regular food to eat. The employers stated that either food is arranged for the workers through
nearest local hotels or the workers are given money for arranging food for themselves.

If yes, how many meals a day?

Number of Meals Number of Employers Percentage

One meal a day 6 46%
Two meals a day 6 46%
Three meals a day 1 8%
Total 13 100%
Table No.: 12

Out of 13 employers
Number of Meals given by the employer.
surveyed, the data
stands:
8%

One meal a day

46% Two meals a day FINDINGS:
Three meals a day
46%
In this open-ended
question, out of 13
employers surveyed,
6 employers(constituting 46%) stated that they are able to provide only 1 meal a day(lunch).
Other 6 employers(i.e. 46%) stated that they provides 2 meals a day(breakfast and lunch).
Remaining 1 employer(i.e. 8%) affirmed that he provides three meals a day to the child working
under him.

Q.11 Are they allowed to play?

Scope of Play for the Child

Number of Employers Percentage
workers
Yes 03 23%
No 10 77%
Total 13 100%
Table No.: 13

Out of 13 employers
Scope of Play for the Child workers
surveyed, the data
stands:

23%

Yes
No
FINDINGS:

77%
In this close-ended
question, out of 13
employers surveyed,
majority of the
employer(i.e. 10
employers constituting 77%) stated that the working persons are neither allowed to play nor they
have time for it. Only 3 employers(i.e. 23%) affirmed that they allow the worker to play in the
evening for an hour or more.
If yes, for how long?

Duration of Play Hours Number of Employers Percentage

Up to 1 hour 03 100%
Total 03 100%
Table No.: 14

FINDINGS:

To this open-ended question, only 3 employer affirmed that he allows his worker to play in the
evening for an hour or more.

Q.12 Are they allowed to study?

Response of the Employers Number of Employers Percentage

Yes 00 -
No 13 100%
Total 13 100%
Table No.: 15

Out of 13 employers surveyed:

FINDINGS:

In this open-ended question, out of 13 employers surveyed, all the 13 employers stated that
workers are not allowed to study. They further stated that workers have no interest towards
studies and also that they have no time for it as they remain busy with their work.

Any child who is uneducated may be influenced and exploited to any extent and in any way
possible. He/she may face difficulties in differentiating between good and bad. Organized
traffickers find less difficulty in trafficking uneducated children as they are not able to read and
write.
Q.13 What happened to them during the lockdown?

Situation of the Minor

Number of Persons Percentage
Workers
Financial Setback 10 23%
Ill-health 03 77%
Total 13 100%
Table No.: 16

Out of 13 employers surveyed, the data stands:

Situation of minor workers during lockdown

FINDINGS:

In this close-ended
23%
question, out of 13
Financial Setback
Ill-health
employers surveyed,
10
77%

employers(constituting 77%) stated that minor workers were facing financial stress during the
lockdown. However, 3 employers(i.e. 23%) stated that their child workers faced health issues
during the lockdown.

If we relate ‘push and pull factor’ to the financial setback which has been suffered by the
workers according to their employers, we find that poor economic condition of a person often
works as a ‘push factor’ for the worker pushing him towards such employment opportunities by
which she/he can make money easily. The poor economic background at the same time works as
a ‘pull factor’ for the traffickers and they find it easy to influence such persons and traffic them
for labor or sexual exploitation.

Q.14 Where did they stay during the lockdown?

 Place of residence of child
Number of Persons Percentage
worker during lockdown
Stayed in their homes 11 85%
Went back to their
02 15%
hometowns
Total 13 100%
Table No.: 17

Out of the 13 employers surveyed:

Place of stay of the child worker during the lockdown

FINDINGS:

In this open-ended
15%
question, out of 13
Stayed in their homes
Went back to their hometowns employers surveyed,
majority of them(i.e.
85% 85%) stated that
workers were staying
at their respective
homes during the
lockdown. Only 2
employers(i.e. 15%) affirmed that child workers went to their hometown during the lockdown.

Q.15 How did they study during the lockdown?

Response of the Employer Number of Employers Percentage

Up to 1 hour 13 100%
Total 13 100%
Table No.: 18
Out of 13 employers surveyed:

FINDINGS:

In this open-ended question, all the 13 employers(i.e. 100%) stated that child workers working
under them do not study as they have no time for the same. Hence, it can be stated that minor
workers did not study during the lockdown.
 DATA ANALYSIS OF RESPONSES OF THE LAW ENFORCEMENT AGENCIES

Researcher while conducting the survey interviewed 7 law enforcement agencies operating in
Siliguri Sub-division. These agencies were Sashastra Seema Bal(SSB), Border Security
Force(BSF), Anti-Human Trafficking Unit(AHTU), Pradhannagar Police Station, Matigara
Police Station, Phansidewa Police Station and Naxalbari Police Station. Data collected from the
employers has been analysed both in figures and percentile and illustrated in the form of pie
charts.

QUESTIONNAIRE FOR LAW ENFORCEMENT AGENCIES

A. Personal Details

i. Name:

ii. Age:

iii. Gender:

iv. Religion:

v. Occupation: Jurisdiction/Title:

vi. Designation:

vii. Income (Optional)

B. Field Details

1. Are you aware of any children working in your area?

Yes [ ] No [ ]

2. Are you aware of any trafficked person in your area?

Yes [ ] No [ ]
3. How many trafficked persons are there in your jurisdiction?

_______________________

4. How many cases of trafficking have you recorded between March 2020 till 31st December
2020?

4.1 How many of them were related to trans-border trafficking in Persons?

_______________________

5. How many cases were reported to you in 2019?

_______________________

6. How many cases have you undertaken in 2018?

_______________________

7. Where are the victims?

i. With parents

ii. With extended family

iii. In rescue homes

iv. In neighbour’s house

v. NGO run shelters

8. Do you follow up studies of the children rescued by you?

Yes [ ] No [ ]

If yes, how _______________________________________________________

9. Is there an App to help you track trafficked persons?

Yes [ ] No. [ ]

If yes, how do you do it _______________________________________________

10. Do you conduct awareness programs in Tea Estate, Villages, etc?

Yes [ ] No. [ ]

If yes, do you do it on your own?

Yes [ ] No [ ]

 In collaboration with others?

Yes [ ] No [ ]

11. Do you take any steps relating to children trafficked in labour?

Yes [ ] No [ ]

12. Is there any mechanism for prevention of child labour with you?

Yes [ ] No. [ ]

If yes, please narrate the mechanism____________________

13. Which area is more prone to child labour and trafficking?

a. Villages

b. Tea Estates

c. Towns and Cities

14. Any other remark you want to make_______________________________

Q.1 Are you aware of any children working in your area?

Response of the Concerned Number of Law

Percentage
Officer Enforcement Agencies
Yes 04 57%
No 03 43%
Total 07 100%
Table No.: 01

Out of 07 agencies surveyed, the data stands:

Are you aware of any working child in your area?

FINDINGS:

For this close-ended

question, law
43% Yes
No
enforcement agencies
57%
which were surveyed
were 4 Police
Stations, Anti-Human
Trafficking
Unit(AHTU) of
Siliguri Police
Commissionerate, 41st battalion of Sashastra Seema Bal and 51 st battalion of Border Security
Force. Out of 7 agencies interviewed, concerned officers of 4 agencies(i.e. 57%) stated that they
were aware of children working within their area of jurisdiction. However, 3 agencies(i.e. 43%)
stated that they were not aware of any children working in their area.

Q.2 Are you aware of any trafficked children in your area ?

Response of the Agency Number of Law Percentage

 Enforcement Agencies
Yes 01 14%
No 06 86%
Total 07 100%
Table No.: 02

Out of 07 agencies surveyed, the data stands:

Are you aware of any trafficked person in your area?

FINDINGS:

Out of 7 agencies
14%
interviewed, 6
Yes
No
agencies(i.e. 86%)
stated that they were
86% not aware of any
trafficked person
within their area of
jurisdiction. However,
1 agency(i.e. 14%)
i.e. 41st Battalion of SSB, Ranidanga(operating at Panitanki, Siliguri) stated that it was aware of
trafficked person in their area.

Q.3 How many trafficked persons are there in your jurisdiction?

Number of Law
Response of the Agency Percentage
Enforcement Agencies
Cannot be Ascertained 01 14%
Zero number of trafficked
06 86%
persons
 Total 07 100%
Table No.: 03

Out of 05 agencies surveyed, the data stands:

Number of trafficked persons in your area of jurisdiction

FINDINGS:

In this open-ended
14%
question, out of 5
Yes
No
agencies interviewed,
6 agencies(i.e. 86%)
86% stated that there are
no trafficked persons
within their area.
However, 1
agency(i.e. 14%)
stated that there are trafficked persons within its area of jurisdiction but the number cannot be
ascertained. This agency was 41st battalion of SSB Ranidanga. Hence, it can be stated that
number of trafficked children on Indo-Nepal border are so many that it cannot be ascertained.

Q.4 How many cases of trafficking have you recorded between 1 st March, 2020 till 31st
December, 2020?

Number of trafficking cases Number of Law

Percentage
recorded Enforcement Agencies
1-2 cases of trafficking 01 15%
3-5 cases of trafficking 01 14%
6-10 cases of trafficking 01 14%
No case of trafficking 04 57%
Total 07 100%
Table No.: 04

Out of 07 agencies surveyed, the data stands:

 Number of cases relating to trafficking in persons reported
during March, 2020 to December, 2020 FINDINGS:

In this open-ended
14%
1-2 cases of trafficking
question, out of 7
3-5 cases of trafficking
14% 6-10 cases of trafficking
agencies interviewed,
No case of trafficking
57% 4 agencies(i.e. 57%)
14%
stated that no case
related to trafficking
in persons was
recorded by them
during the aforesaid
period. However, 1 agency, Pradhannagar P.S.(constituting 15%) stated that only 1 case of
trafficking was recorded between March, 2020 till December, 2020. Another agency, SSB,
Ranidanga(constituting 14%) stated that they have recorded 5 cases of trafficking during the
aforesaid period. Anti-Human Trafficking Unit(AHTU) of Siliguri Police
Commissionerate(constituting 14%) stated that they recorded 9 cases of trafficking during this
period. Hence, the researcher finds that cases of trafficking recorded by AHTU and SSB is
comparatively higher than that which has been recorded by Pradhannagar P.S.

Q.4.1 Were any cases related to trans-border trafficking of persons?

Cases relating to Trans-

Number of Law
border trafficking of Percentage
Enforcement Agencies
Children
Yes 01 14%
No 06 86%
Total 07 100%
Whether any case was related to trans-border trafficking in Table No.: 05
persons?
Out of 07 agencies
surveyed, the data
14%
Yes
stands:
No

86%
FINDINGS:

In this open-ended question, out of 7 agencies surveyed, majority of them(i.e. 6 agencies

constituting 86%) stated that no cases were related to trans-border trafficking of persons.
However, 1 agency(i.e. 14%), SSB Ranidanga(operating at Panitanki) stated that 5 cases of
trans-border trafficking were recorded by them during the period between March, 2020 to
December, 2020.

Q.5 How many cases were reported to you in 2019?

Number of Cases recorded Number of Law

Percentage
in 2019 Enforcement Agencies
0-10 cases of trafficking 01 14%
11-20 cases of trafficking 01 14%
No cases of trafficking 05 72%
Total 07 100%
Table No.: 06

Out of 07 agencies surveyed, the data stands:

Number of cases reported to law enforcement agency

during 2019 FINDINGS:

In this open-ended
14% question, out of 7
0-10 cases of trafficking
14% 11-20 cases of trafficking agencies surveyed,
No cases of trafficking
majority of them(i.e.
71%
5 agencies
constituting 72%)
stated that no cases of
trafficking in persons
were recorded in
2019. However, 1 agency(i.e. 14%), SSB Ranidanga(operating at Panitanki) stated that 7 cases of
trafficking were recorded by them in 2019. Another law enforcement agency, i.e.
AHTU(constituting 14%) stated that 15 cases of trafficking were reported to them in 2019.
Q.6 How many cases were reported to you in 2018?

Number of Cases recorded Number of Law

Percentage
in 2018 Enforcement Agencies
0-10 cases of trafficking 02 29%
11-20 cases of trafficking 01 14%
No cases of trafficking 04 57%
Total 07 100%
Table No.: 07

Out of 07 agencies surveyed, the data stands:

Number of cases related to trafficking in persons reported

in 2018 FINDINGS:

In this open-ended
question, out of 7
29% 0-10 cases of trafficking
11-20 cases of trafficking agencies surveyed, 4
No cases of trafficking
57% agencies(constituting
14%
57%) stated that no
cases related to
trafficking in persons
were recorded by
them in 2018. 2
agencies(constituting 29%) stated that number of cases of trafficking in persons recorded by
them in 2018 was between 0-10. These agencies were Pradhanngar P.S. and SSB, Ranidanga.
However, 1 agency i.e. AHTU(constituting 14%) stated that 12 cases of trafficking were reported
to them in 2018.

Q.7 Where are the victims?

Present residence of Victims Number of Law Percentage

 Enforcement Agencies
With Parents 02 29%
With extended family 00 -
In rescue homes 00 -
In neighbors house 00 -
NGO run shelters 05 71%
Total 07 100%
Table No.: 08

Out of 05 agencies surveyed, the data stands:

Present residence of victim children

FINDINGS:

In this close-ended
29% question, out of 7 law
With Parents
In NGO run shelters
enforcement agencies
surveyed, 2
71%
agencies(i.e. 29%)
stated that victims are
presently living with
their parents.
However, 5
agencies(i.e. 71%) stated that victims are presently under the care of NGO run shelters. Once, the
victims of trafficking are rescued by the law enforcement agencies, they are produced before the
Child Welfare Committee, Jalpaiguri according to the procedure of Juvenile Justice Act, 2015. It
is by the orders of CWC that victim children are put under the care of shelter homes run by
NGOs for a temporary period.

Q.8 Do you follow up studies of the children rescued by you?

Number of Law
Response of the Agency Percentage
Enforcement Agencies
Yes 02 29%
No 05 71%
Total 07 100%
Table No.: 09
Out of 07 agencies surveyed, the data stands:

Do you follow up the studies of child rescued by you?

FINDINGS:

In this close-ended
29% question, out of 7 law
Yes
No
enforcement agencies
surveyed, 2
71%
agencies(i.e. 29%)
stated that they follow
up the studies of
children rescued by
them. On the other
hand, 5 agencies(i.e. 71%) stated that they do not follow up any study of the rescued child, as the
rescued child goes into the custody of Child Welfare Committee.

Q.9 Is there any App to help you track trafficked persons?

Number of Law
Response of the Agency Percentage
Enforcement Agencies
Yes 00 -
No 07 100%
Total 07 100%
Table No.: 10

Out of 07 agencies surveyed, the data stands:

FINDINGS:

In this close-ended question, out of 7 law enforcement agencies surveyed, all the agencies(i.e.
100%) stated that they do not possess any specific application to track traffic children. However,
it is a notable fact that there is a government website for tracking the missing children namely,
‘Track Child’ and ‘Khoya Paya’.

Q.10 Do you conduct awareness programmes in Tea Estate, Villages, etc.?

Number of Law
Response of the Agency Percentage
Enforcement Agencies
Yes 07 100%
No 00 -
Total 07 100%
Table No.: 11

Out of 07 agencies surveyed, the data stands:

FINDINGS:

In this close-ended question, out of 7 law enforcement agencies surveyed, all the agencies(i.e.
100%) stated that they do conduct awareness programmes on human trafficking for community
sensitization in schools, tea estates and panchayat areas as well. It is worth noticing that law
enforcement agencies are carrying on sensitization programmes which will alert and aware
people about the seriousness of the issue and measures to combat the same.

If yes, do you do it in collaboration with others?

Number of Law
Response of the Agency Percentage
Enforcement Agencies
Yes 07 100%
No 00 -
Total 07 100%
Table No.: 12

Out of 07 agencies surveyed, the data stands:

FINDINGS:

In this close-ended question, out of 7 law enforcement agencies surveyed, all the agencies(i.e.
100%) stated that they do conduct awareness programmes on human trafficking for community
sensitization in collaboration with Non-Governmental Organizations(NGOs).
Q.11 Do you take any steps relating to children trafficked in labor?

Number of Law
Response of the Agency Percentage
Enforcement Agencies
Yes 01 14%
No 06 86%
Total 07 100%
Table No.: 13

Out of 07 agencies
Do you take any steps relating to child trafficked in labour?
surveyed, the data
stands:
14%

Yes
No FINDINGS:

86%
In this close-ended question, out of 7 law enforcement agencies surveyed, 6 agencies(i.e. 86%)
stated that they do not take any steps relating to child trafficked in labor. However, 1 agency(i.e.
14%) namely, SSB Ranidanga stated that they take steps for prevention of child trafficked in
labor.

Q.12 Is there any mechanism for prevention for child labor with you?

Number of Law
Response of the Agency Percentage
Enforcement Agencies
Yes 01 14%
No 06 86%
Total 07 100%
Table No.: 14

Out of 07 agencies
Is there any mechanism with you for the prevention of child
labor? surveyed, the data
stands:

14%
Yes
No
FINDINGS:

86% In this close-ended

question, out of 7 law
enforcement agencies
surveyed, 6
agencies(i.e. 86%) stated that they do not have any mechanism for prevention of child labor
However, 1 agency(i.e. 14%) namely, SSB Ranidanga stated that simple mechanism they follow
is proper counselling of the employers and as well as children.
Q.13 Which area is more prone to child labour and trafficking?

Law Enforcement
Villages Tea Estates Towns and Cities
Agencies.
SSB, Ranidanga  

BSF, Baneshwar Jote  

Anti-Human  

Trafficking Unit
Pradhannagar P.S.   
Matigara P.S.   
Naxalbari P.S.   
Phansidewa P.S.   
Total 07 06 06
Table No.: 15

Out of 07 agencies surveyed, the data stands:

a) Villages

Villages prone to
Number of Law
Trafficking and Child Percentage
Enforcement Agencies
Labor
Yes 07 100%
No Nil -
Total 07 100%
Table No. 16

FINDINGS:

In this close-ended question, out of 7 law enforcement agencies surveyed, all the agencies(i.e.
100%) believe that villages are prone to child labor as well as trafficking as poverty and
unemployment is always an issue in the village which work as ‘push factor’ for trafficking in
children.

b) Tea Estates

Tea Estates prone to

Number of Law
Trafficking and Percentage
Enforcement Agencies
Child Labor
Yes 06 86%
No 01 14%
Total 07 100%
Table No. 17

Out of 7 agencies interviewed, the data stands:

Whether Tea eststes are prone to trafficking and child

labour? FINDINGS:

In this close-ended
14% question, out of 7 law
Yes
No
enforcement agencies
surveyed, 6

86%
agencies(i.e. 86%)
believe that Tea
estates are prone to
child labor as well as
trafficking whereas
only 1 agency(i.e. 14%) is of the opinion that tea estates are not prone to trafficking or child
labor.

c) Towns and Cities

Towns and cities prone to

Number of Law
Trafficking and Child Percentage
Enforcement Agencies
Labor
 Yes 06 86%
No 01 14%
Total 07 100%
Table No. 18

Out of 7 agencies interviewed, the data stands:

Whether towns and cities are prone to trafficking and child

labor? FINDINGS:

In this close-ended
14% question, out of 7 law
Yes
No
enforcement agencies
surveyed, 6

86%
agencies(i.e. 86%)
believe that towns and
cities(particularly
railway stations and
Bus stations) are
prone to child labor as well as trafficking whereas only 1 agency(i.e. 14%) is of the opinion that
towns and cities are not prone to trafficking or child labor.
 CHAPTER – IV

CONCLUSIONS AND SUGGESTIONS

To conclude, it can be stated that trafficking in persons, though a draconian menace and a
globally recognized crime which has hit almost every country, yet has a very little or no impact
on the minds of those employers of the Siliguri Sub-division(including Siliguri corridor), who
were surveyed. It was found during the field work that employers are unaware of the term
‘trafficking in persons’, not even in the local language which shows that framing of laws on this
subject-matter on the national, regional or international level will not be enough unless the
society is sensitized about the existing legal framework. Only informed citizenry can take a
proper step when she/he witnesses the trafficking in persons.

Child labour in the Indian society has become a social normalcy. During the field work,
employers seemed hesitant to talk about the child working under them in the hotels, tea stalls and
fodder shops. Constitution of India under Article 15(3) imposes a negative obligation on the
State to make special provisions for upliftment of status of the children in the society. It cannot
be denied that laws have been promulgated to combat this issue. However, existing laws have
had very little effect on curbing trafficking as there is no real commitment to implement the
laws. There are many non-governmental, governmental, regional and international agencies
which are putting real efforts to curb the crime. Yet, they cannot curb trafficking all alone, unless
they get support of the society particularly the youth.

During the field work, it was found that for checking and controlling the trans-border trafficking
in persons via Siliguri Corridor within Nepal, Bangladesh and Bhutan, 41 st Battalion of Sashastra
Seema Bal(SSB), Ranidanga at Panitanki(near Nepal Border) and 51st Battalion of Border
Security Force(BSF), Baneshwar Jote(at Bangladesh Border) have coordinated with law
enforcement agencies and NGOs to spread awareness amongst local population residing nearby
border areas. A number of trafficked children have also been rescued by our jawans. As per
Commandant Officer of SSB, Ranidanga, arrests have been made of the traffickers involved in
trans-border trafficking who have been later handed over to the appropriate Police
administration. NGOs who have set up their camps at the borders also agree with the same.
However, during the field survey, it was found that employers carrying on their business in
Siliguri hardly have any idea or information about trans-border trafficking of children via
Siliguri. Some of them who are aware of the fact are hesitant to speak about the same.

To speak of Police administration in Siliguri Sub-division, it has been found that although
special units have been set up by the Siliguri Police Commissionerate for checking on trafficking
in persons, such as Anti-Human Trafficking Club(AHTU), yet the problem is that the same
policemen who are given the task of a regular officer are also enjoined with an additional duty of
anti-trafficking. This factor restricts them from working on issue of trafficking effectively.

SUGGESTIONS

1. Sensitization of society: In order to curb down trafficking in persons, society must be

sensitized about the vulnerability of victims in trafficked situations. By medium of field
survey, awareness programmes, skits, dance and other arts, local people can be sensitized
about the existing legal framework and the legal methods to combat trafficking. Child
helpline number(1098) can be advertised on the daily basis in mass media and electronic
media.
2. Need for establishment of Child Welfare Committee in Darjeeling District: S.27 of The
Juvenile Justice (Care and Protection of Children)Act, 2015 provides for establishment of
Child Welfare Committee in every district. However, at present, there is no Child Welfare
Committee(CWC) in the district of Darjeeling. As per law enforcement agencies, the victims
who are rescued in Siliguri Sub-division, are required to be taken to CWC, Jalpaiguri. This
overburdens CWC, Jalpaiguri with the matters of two districts which may delay the process
of trial.
3. Networking of law enforcement and NGOs of India, Nepal, Bangladesh and Bhutan:
Because of the trans-national nature of this organized crime, it is important to have free and
fair exchange of information amongst these neighboring States. In most cases, data on the
victims are not systematically collected. In the spirit of shared responsibility and
international cooperation, networking of law enforcement agencies along with NGOs of the
above-mentioned countries can help accelerate anti-trafficking efforts and curb it down.
4. Inclusion of ‘trafficking in persons’ as a subject in the syllabus of school going children:
Legal awareness programmes are though helpful but may not leave a lasting impact on the
minds of the participants. In this backdrop, it is a suggestion from the researcher’s end that
for saving our children from the menace of trafficking, ‘trafficking in persons’ can be
included as a subject in the school syllabus of children which will help them and their parents
to understand the seriousness of the issue and prepare them for countering the offence of
trafficking.
 BIBLIOGRAPHY

A. INTERNATIONAL INSTRUMENTS
1. Universal Declaration of Human Rights, 1948.
2. The Convention for the Suppression of the Traffic in Persons and the Exploitation of
the Prostitution of Others, 1949.
3. International Covenant on Civil and Political Rights, 1966.
4. International Covenant on Economic, Social and Cultural Rights, 1966.
5. Convention on the Elimination of All Forms of Discrimination Against Women,
1979.
6. The Convention on the Rights of Child, 1989.
7. United Nation Convention Against Transnational Organised Crime, 2000.
8. United Nation Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children, 2000.
9. Optional Protocol to the Convention on the Rights of the Child on the Sale of
Children, Child Prostitution and Child Pornography, 2000.
10. International Labour Organization (ILO) Worst Forms of Child Labour
Convention(No. 182), 2000.
11. SAARC Convention on Preventing and Combating Trafficking in Women and
Children for Prostitution, 2002.
B. STATUTES
1. Constitution of India, 1950.
2. Indian Penal Code, Act No. of 45 of 1860.
3. Immoral Traffic (Prevention) Act No. 104 of 1956.
4. Bonded Labour Abolition Act No. 19 of 1976.
5. Child and Adolescent Labour (Prohibition and Regulation) Act No. 61 of 1986.
6. The Juvenile Justice (Care and Protection of Children) Act No. 2 of 2015.
7. Child Labour (Prohibition and Regulation) Amendment Act No. 35 of 2016.
C. BOOKS
 1. U. CHANDRA, HUMAN RIGHTS, (Allahabad Law Agency 2018).
2. BM GANDHI, INDIAN PENAL CODE, 612 (Eastern Book Company 2018).

D. ARTICLES

1. Federico Lenzerini, International Legal Instruments on Human Trafficking and a

Victim Oriented Approach, LENZERINI, (Feb. 12, 2021, 12:52 PM)
https://www.google.com/url?
sa=t&source=web&rct=j&url=https://www.stu.edu/law/414lenzerini/&ved=2ahUKE
wihoMfUw_LuAhWGxDgGHc21BQkQFjAAegQIARAB&usg=AOvVaw1_zKQW9
txY1z5YPEfDUH3Z.
2. Marjan Wijers, Analysis of the Definition of Trafficking in Human Beings in the
Palermo Protocol, LE STRADA (Feb. 14, 2021, 3:05 PM),
https://lastradainternational.org/doc-center/1354/analysis-of-the-definition-of-
trafficking-in-human-beings-in-the-palermo-protocol.
3. PM Nair, Handbook for Law Enforcement Agencies in India, UNODC, (Feb. 14
2021, 3:05 PM),
https://www.google.com/url?
sa=t&source=web&rct=j&url=https://www.un.org/ruleoflaw/files/Handbook_for_La
w_Enforcement_Agencies_in_India
%5B1%5D.pdf&ved=2ahUKEwiar8reiYLvAhUSwzgGHYZaCE0QFjAAegQIARA
C&usg=AOvVaw3gaaj4nWOirwgvdQZRy2HU.
4. Sarasu Esther Thomas, Responses to Human Trafficking in Bangladesh, India, Nepal
and Srilanka, UNODC (Feb. 16, 10:40 PM),
https://www.google.com/url?
sa=t&source=web&rct=j&url=https://www.unodc.org/documents/humantrafficking/2
011/Responses_to_Human_Trafficking_in_Bangladesh_India_Nepal_and_Sri_Lanka
.pdf&ved=2ahUKEwihsaPk4LvAhVC7nMBHTeqDY8QFjAAegQIARAC&usg=AO
vVaw37IQHehoiSrBFihK8m4xHS.
5. Phyllis Coontz, Internatioanl Approaches to Human Trafficking, WHR 56((Feb 16,
2021 4:14 PM),
 https://www.google.com/url?
sa=t&source=web&rct=j&url=https://atria.nl/ezines/web/WHRnet/2005/June.PDF&v
ed=2ahUKEwjdk-eWkILvAhUhg-
YKHU75BJgQFjAAegQIARAC&usg=AOvVaw2QrFCpl6ZJWLw-og1OoY6j.

E. JOURNALS
1. Sanjoy Roy, Human Rights and Trafficking in Women and Children in India, J. His
Arch & Anthropol Sci. 163 (2017).
2. G.S. Janani, Human Trafficking in India, INDIAN JOURNAL OF PURE AND
APPLIED MATHEMATICS 46 (2018).
F. WEBSITES
1. https://nhrc.nic.in
2. www.ssb.nic.in
3. www.un.org
4. www.unodc.org
5. www.ohchr.org
6. www.indiacode.nic.in
7. www.wvi.org
8. www.britannica.com
9. www.wiscomp.org
10. https//m.economictimes.com
11. www.voanews.com