The Trafficking Discourse: From Punitive to Rights-Based Approach

This chapter explores the evolution of international responses to human trafficking, tracing the shift from punitive actions to a rights-based approach. Initially, international frameworks like the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949, predominantly embraced an abolitionist stance, often conflating trafficking with consensual prostitution. Modern advancements are embodied in the Palermo Protocol, which, while prioritizing criminalization, recognizes trafficking as a human rights violation and stresses the importance of protecting victims alongside prosecuting offenders. The authors extend the discussion to India’s specific legal responses to sex trafficking through the Immoral Traffic Prevention Act, 1956 (hereinafter, ITPA/PITA, 1956). However, the PITA, 1956, is criticized for its vague and often punitive measures toward sex workers, rather than offering genuine protection or rehabilitation for trafficking victims. The authors advocate for a nuanced understanding of sex trafficking that prioritizes the dignity and rights of the victims as a focal point of all credible actions. They recommend incorporating community-based rehabilitation and comprehensive victim support services that emphasize victim empowerment and integration rather than criminalization. This transition not only safeguards individual autonomy but also addresses the fundamental socio-economic causes driving sex trafficking. It promotes a holistic and empathetic approach to both prosecuting and preventing the crime, as well as protecting and rehabilitating the victims.