Human Smuggling: A Growing Menace in India

Context: Every year, thousands of young Indians attempt “irregular migration.” This is facilitated by organized human smuggling networks, commonly known as kabootarbazi (pigeon smuggling). These illegal operators are concentrated in Punjab, Haryana, Himachal Pradesh, Jammu & Kashmir, Kerala, and Gujarat.

Reasons Behind Human Smuggling

• Criminals treat human smuggling as a low-risk, high-reward business, making it an attractive illegal enterprise.
• Requires no technical skill or educational qualification.
• No financial investment.
• Operates with impunity, facing little legal action or criminal repercussions.

Challenges Faced by Victims

• Migrants fall prey to false promises of a better life but end up facing horror and misery.
• Victims of human smugglers are subjected to grave dangers:
  • Suffocated in containers.
  • Dying in deserts or drowning at sea.
  • Forced into slave labor camps under inhumane conditions.
• Survivors describe harrowing experiences, including:
  • Sitting in piles of human waste.
  • Deprivation of food and water.
  • Witnessing deaths of fellow migrants whose bodies are dumped at sea or on roadsides.

Legal Gaps and Need for Stringent Laws

The Emigration Act, 1983: A Weak Framework

• The Emigration Act, 1983, regulates Indian citizens’ movement abroad but does not define human smuggling.
• It lacks provisions to combat organized human smuggling networks.
• A comprehensive national law is required to address this serious issue.

State-Level Efforts: Punjab’s Travel Professionals Regulation Act, 2012

• Punjab is the only Indian state to enact a law addressing illegal travel agents and human smuggling.
• Key Features of the Punjab Act:
  • Regulates travel agents who arrange or manage foreign travel.
  • Defines human smuggling as any illegal transportation of persons abroad in exchange for money.
  • Introduces licensing and penal provisions to curb fraudulent activities.
• However, implementation remains weak.

Comparison of Emigration Act (1983) and Punjab’s Act (2012)

• Both laws regulate recruitment and travel agencies but operate separately.
• They are complementary, not contradictory.
• Punjab’s law is a pioneering step, but a strong national law is urgently needed.

The Need for a Central Law

• Legislative Gaps: Current laws, such as the Emigration Act, 1983, do not adequately address human smuggling, necessitating new legislation to combat this issue effectively.
• State vs. Central Legislation: While some states like Punjab have enacted local laws, a comprehensive central law must be enacted to:
  • Strictly regulate borders.
  • Target human smuggling networks.
  • Punish offenders with stringent penalties.
• Protection of Citizens: Enacting a robust national law would help protect Indian citizens from exploitation and ensure their safety and dignity.

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