SEMINAR PAPER

OF THE SUBJECT

CHILD LAW

ON THE TOPIC

Sale of children for commercialization of organ

Submitted to: Ms.Shakuntla Sangam,

Faculty in Law
Dr.RMLNLU, Lucknow

Submitted by: Anshita Mani

Roll no.21
VII Semester.

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 Index
1. Introduction
2. History Of Organ Trade
3. What Is Trafficking Of Children
4. Sale Of Children
5. Trafficking in organs and trafficking in human beings for the purpose of
organ removal
6. Transplant Tourism
7. The Deadly Trade of Child Organ Trafficking
8. Who Are The Trafficked Children?
9. Indias Black Market for Organs Uncovered
10.Modus Operandi
11.Interventions On Trafficking In Children
12.Law And Policy
13.Recommended actions to prevent organ-related trafficking
14.Suggestions
15.Recommendation For Formulating A Resolution
16.Work Done By The Indian Government
17.Conclusion
18.References

Introduction
As with human trafficking for other exploitative purposes, victims of trafficking for the
purpose of organ removal are often recruited from vulnerable groups (for instance, those who
live in extreme poverty) and traffickers are often part of transnational organised crime
groups. Organized crime groups lure people abroad under false promises and convince or
force them to sell their organs. Recipients of the organs must pay a much higher price than

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donors receive, part of which benefits brokers, surgeons and hospital directors, who have
been reported to be involved in the organized criminal network. The commission of this
crime can be distinguished from other form of trafficking in persons in terms of the sectors
from which traffickers and organ brokers derive; doctors and other health-care practitioners,
ambulance drivers and mortuary workers are often involved in organ trafficking in addition to
those involved in other human trafficking networks.
Trafficking in persons for the purpose of removal of organs is addressed by the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime. The
inclusion of this form of exploitation into the Protocol is intended to cover those situations
where a person is exploited for the purposes of a trafficker obtaining profit in the organ
market, and situations where a person is trafficked for the purpose of the removal of their
organs and/or body parts for purposes of witchcraft and traditional medicine. In the former
situation, market forces drive supply and demand; those in desperate of need of an organ
transplant will purchase an organ from those who are desperately poor, or from brokers who
forcibly or deceptively obtained the organ. In the latter situation (not the focus of this
background paper), muti (magical medicines used in some parts of Africa) involves the
removal of body parts including skulls, hearts, eyes and genitals which are sold and used by
deviant practitioners to increase wealth, influence, health or fertility.1
Supply and demand factors with respect to kidney transplants illustrate the particular
challenges in both meeting demand for organs and reducing illicit supply thereof. In the
United States for instance, kidney donations between 1990 and 2003 increased by only 33%
while the number of patients waiting for kidneys grew by 236%.2 Kidneys are generally
supplied by live donors in underdeveloped countries to developed ones; the circulation
of kidneys followed established routes of capital from South to North, from East to West,
from poorer to more affluent bodies, from black and brown bodies to white ones and from

1 Scheper-Hughes, Nancy., Bodies of Apartheid: the ethics and economics of Organ Transplantation in South
Africa,Center for African Studies, September 28, 1999, available at
http://sunsite.berkeley.edu/biotech/organswatch/pages/bodiesapart.html

2 Scheper-Hughes, Nancy, Illegal Organ Trade: Global Justice and the Traffic in Human Organs (forthcoming). Onefactor
at play here is the increasing life expectancies in developed countries.

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female to male or from poor, low status men to more affluent men. Women are rarely the
recipients of purchased organs anywhere in the world.3
Professor Scheper-Hughes has proposed the four Cs method of conceptualizing the
bioethical challenges involved in transplants:
Consumption: under what conditions is the compassionate consumption of the body of
the other permissible?
Consent: use of vulnerable populations (the sick, dying, prisoners, poor, socially fragile)
as organ donors where fully informed consent is difficult to achieve?
Coercion: the demand for sacrificial violence body self-sacrifice to fulfill altruistic, kin-
based or economic survivalist needs.
Commodification: the fragmentation of the body and its parts as special objects of
manipulation for sale and distribution.4
Thousands of women and children are trafficked every day. Within the overall profile of
trafficking in South Asia, India is a country of both transit and destination. There is a
considerable degree of internal trafficking as well as some trafficking from India to Gulf
States and to South East Asia. Sale of children and their movement across the state borders
takes place within the country too.
In other words, while there is movement of children through procurement and sale from one
country to another, with India being both a supplier as well as a consumer, there is internal
movement of children within the country itself - one town to another, one district to another
and one state to another. It is undertaken in an organised manner, by organised syndicates or
by individuals, and sometimes informal groups. Relatives and parents are part of this as well.
Issues of sale and trafficking of children are also closely linked to issues of migration,
especially illegal migration. Cross-border trafficking continues to flourish because the issue
continues to be ignored by the nation states involved in it. There is lack of coordinated efforts
to take effective measures to address this problem at the regional level, between the countries
involved. Individual countries - both civil society and government have been trying to cope
with this violation of human rights. Laws have been enacted and international and national
initiatives have been launched.

3 Scheper-Hughes, Nancy., 'Keeping an eye on the global traffic in human organs', The Lancet, Vol. 361, 10 May
2003,p.1645

4 Nancy Scheper-Hughes, Illegal Organ Trade: Global Justice and the Traffic in Human Organs

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This study attempts to look at the extent, causes, manifestation and the interventions made on
trafficking of children in the country. There is very little reliable quantitative data on the
overall problem of trafficking. This is because there is as yet no common understanding on
this issue. Almost everyone looks at and understands trafficking synonymously with
prostitution. As a result, most of the studies, data and activity in the field of anti-trafficking
work in the country have focused on trafficking for the sex industry and this applies to child
trafficking also. The available information is in the form of news reports and stories
published or highlighted in the media or those brought out by NGO initiatives. There is little
or no systematic documentation on the other purposes of trafficking such as for
entertainment, organ-trading, adoption etc.
This documentation on child trafficking in India has been undertaken for terre des homes
(Germany) India Programme. It is based on the news clippings, journals/magazines brought
out by NGOs, papers and reports prepared by NGOs and UN agencies, donor agencies or
individuals on the basis of their experiences and research, information downloaded from the
internet, government documents relating to trafficking in women and children, legal/policy
documents on human rights/child rights etc.
Since January 1987, rumors that children are being kidnapped so that they can be used as
unwilling donors in organ transplants have been rampant in the world media. No government,
international body, non-governmental organization, or investigative journalist has ever
produced any credible evidence to substantiate this story, however. Instead, there is every
reason to believe that the child organ trafficking rumor is a modern "urban legend," a false
story that is commonly believed because it encapsulates, in story form, widespread anxieties
about modern life.
The huge advances that have been made in organ transplantation in recent years have been
due to the development of drugs that counteract the body's natural tendency to reject a
transplanted organ as a foreign body. This has been a great boon and has saved the lives of
tens of thousands of people who otherwise would have died prematurely. Yet, paradoxically,
this life-giving process, which has brought happiness to so many, has also stirred dark,
primordial fears.

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 History Of Organ Trade

The first successful organ transplant was a kidney transplant performed in Boston,
Massachusetts in 19545. Since then, organ transplantation has developed into a well-
established clinical therapy, which saves lives and improves the quality of life for thousands
of patients every year. Kidney, liver, heart, and lung transplantations are now used for those
patients who are suffering end-stage6 organ failures. There are many different types of
transplants; corneal transplants restore vision, bones are used to repair damage due to trauma
or cancer, and pancreas transplantation helps diabetic patients. According to the Global
Observatory on Donation and Transplantation7, almost 100,000 patients worldwide receive a
solid organ transplant each year.
The spread of medical transplant technology around the globe has saved many lives but has
also created a shortage of organs for transplant. Meanwhile, the success of organ
transplantation has led to a sharp increase in the number of patients on waiting lists to receive
new organs. In other words, the demand for organs has continued to rise and the supply of
available organs is not keeping up. The shortage is due to the fact that the vast majority of
organs are taken from people who are fatally injured, such as motorcycle or car accident
victims. The number of sick people needing transplants far outstrips the number of organ
donors involved in accidents every year. As a result, it can take years for a patient to get their
opportunity for a transplant and most countries do not have enough organs to meet the
demand. Many people who would be able to live if they could have an organ transplant will
die because of the shortage of organ donors. Tens of thousands of people die every year while
waiting for an organ transplant.
Most organs for transplant come from brain dead8 people who have sustained some kind of
fatal injury. Organs are harvested, or removed, from brain dead people who can not survive
without being attached to a machine so that other people can be given the gift of life. Organ
harvesting must be done while the person is still technically alive (breathing and with a

5 Trafficking in organs, tissues and cells and trafficking in human beings for the purpose of the removal of organs. Joint
Council of Europe/United Nations study. 2009.

6End-stage: final stages of disease in which internal organs are completely failing.

7 Global Observatory on Donation and Transplantation. http://www.transplant-observatory.org/default.aspx

8 Brain dead: Irreversible brain damage leading to loss of all functioning in the body

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heartbeat) because organs begin to deteriorate immediately upon death. However, it is only
legal to use organs from a brain dead person if there is consent, or agreement, from the
person.
Countries such as Austria and Norway have a system of donor registry called presumed
consent9. Presumed consent is an organ donation policy that assumes every citizen is a
willing donor unless they opt-out formally by putting it in writing. The main advantage of a
system of presumed consent is the very high rate of organ donors-nearly everyone is
considered one unless they declare in writing that they do not want their organs harvested in
the event of an accident. Singapore was the first country in the world to develop a policy of
presumed consent and many European nations followed their example. As a result, certain
countries, such as Belgium and Spain, are able to come much closer to meeting their national
demand for organ donations10.
Other countries have a system of organ donor identification called opt-in. In this system, an
individual must give explicit permission to have their organs harvested by joining an organ
donation registry that identifies them as a donor in the event of an accident. In the United
States, for example, citizens must legally declare their status as an organ donor, usually by
indicating so on an official form of ID such as a drivers license. Sometimes, if the person
was not a participant in an organ donor registry, a family member such as a husband, wife,
parent or child can make the decision to donate their organs upon brain death. It is generally
agreed upon that the opt-in system produces less donors and therefore contributes to the
organ shortage. Other countries have neither a system of presumed consent nor an opt-in
system which results in the wasting of almost all available organs in cases of fatal
accidents.
The selling of human organs is forbidden as unethical in most countries in the world.
However, donation of organs is considered a personal choice and a gift from one person to
another. Although most organ donations are from brain dead people, healthy living people
can also donate certain organs. How and why would a healthy person decide to donate one of
their internal organs?
The main organs that are harvested voluntarily from healthy people are the kidneys and the
liver. The human body is equipped with two kidneys and we can live long and healthy lives

9 Presumed consent: the assumption that you agree

10 http://www.lorihartwell.com/GlobalOrganDOantionPolicies.pdf

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with just one. For example, in a case where a child is in need of a kidney transplant, his
mother may volunteer to have her own kidney harvested in order to save his life. If she
matches his blood type, then the transplant will most likely be very successful and both
mother and son can live long healthy lives with proper medical care.
The human liver has the power to regenerate itself and therefore a half of a liver can be taken
from a willing donor and be transplanted to a patient in need. In most countries, live organ
donation is completely legal if no one is paid for their organs. However, thousands of people
are waiting on donor transplant lists and many of them know they are going to die if they
dont receive a transplant. In their desperation for a donor, people that have money to pay are
seeking out living donors who need money so badly that they are actually willing to sell their
internal organs to a stranger.
The number of patients waiting for organ transplants is giving rise to a black market for
human organs in which organs are bought and sold illegally on an international scale. The
illegal trafficking of human organs is likely to continue and increase in frequency because the
demand for legally donated organs is not being met. International action is needed to address
the problems associated with human organ trafficking because the demand for human organs
is likely to continue to grow due to several factors:
Since the 1970s, pharmacueticals have been developed to prevent organ transplants
from being rejected by the recipient. As a result, transplants are much safer and more
successful, so more people want them.
Changes in diet and lifestyle are causing significant increases in diseases such as
diabetes that lead to organ failure, and thus, the need for transplants.

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 What Is Trafficking Of Children?
A detailed definition of trafficking is available in the Goa Childrens Act 2003. Though it is
focused on child trafficking, the definition is comprehensive. Under section 2 (z), child
trafficking means the procurement, recruitment, transportation, transfer, harbouring or
receipt of persons, legally or illegally, within or across borders, by means of threat or use of
force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power
or of a position of vulnerability or of giving or receiving payments or benefits to achieve the
consent of a person having control over another person, for monetary gain or otherwise.
The problem in dealing with this very complex phenomenon begins with its very definition.
There is no single definition of trafficking. In the absence of a common understanding, it
becomes difficult to design policies, guidelines or even interventions to tackle this issue. A
broader understanding of the issue is that illegal movement of any human being in any part of
the world is trafficking. There is as yet no internationally recognised definition of trafficking
in persons.
The United Nations General Assembly, 1994 (Resolution 49/166) defined it as- The
illicit and clandestine movements of persons across national borders, largely from
developing countries with economies in transition, with the end goal of forcing
women and girls into sexually or economically oppressive and exploitative situations
for profit of recruiters, traffickers and syndicates, as well as other illegal activities
related to trafficking, such as forced domestic labour, false marriages, clandestine
employment and false adoption.
At the World Congress Against Commercial Sexual Exploitation of Children,
trafficking was taken to refer to the illegal moving and selling of human beings
across countries and continents in exchange for financial or other compensation.
The Global Alliance Against the Trafficking of Women (GAATW), on the other hand,
defines trafficking as the recruitment and transportation of (a) person(s) within
and across national borders, by means of violence or threat of violence, abuse of
actual or perceived authority arising from a relationship, or deception, in order to
subject them to the actual and unlawful power of (an) other person(s).

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 Sale Of Children

It is difficult to have a definition of sale of children since children are not, and should not
be, legally and/or morally, the objects of trade or commerce. The reality of such sales,
however, proves the need for a definition. The traditional concept of sale is that it pertains
only to property - real, personal or incorporeal - and that the consideration is always price in
money. In order to gain a clearer perception of the meaning of sale in its commercial
application, it may be useful to take a look at some definitions of sale in general. Blacks
Law Dictionary defines it as a contract between two parties, called, respectively, the seller
(or vendor) and the buyer (or purchaser), by which the former, in consideration of the
payment or promise of payment of a certain price in money, transfers to the latter the title and
the possession of property.
The Oxford English Dictionary defines sale as the transfer by common consent of the
ownership of a thing or an interest in land, or in incorporeal property, from one person to
another in exchange for a price in money.
Mr. Vitit Muntarbhorn, the first Special Rapporteur on Sale of Children, Child Prostitution
and Child Pornography, defined sale of children as the transfer of a child from one party
(including biological parents, guardians and institutions) to another, for whatever purpose, in
exchange for financial or other reward or compensation.
Ms. Ofelia Calcetas Santos, in her first report as the Special Rapporteur to the General
Assembly, defined sale of children as the transfer of parental authority over and/or
physical custody of a child to another on a more or less permanent basis in exchange for
financial or other reward or consideration11. She adopted this definition in order to exclude
transactions that are strictly on a temporary basis, as when a child is rented out, in order to
obviate confusion as to whether the transaction constitutes sale or pimping, for
example.
The confusion created by the lack of a clear definition of what constitutes the sale of a
child has not helped the members of the working group on the Optional Protocol to the
Convention on the Rights of the Child in dealing with the sale of children, child prostitution

11 Report of the Special Rapporteur on Sale of Children, Child Prostitution and Child Pornography, Commission on
Human Rights. Fifty-fifth Session. 29 January, 1999. Para. 18

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and child pornography. One position taken by the negotiators is that a sale must be for the
purpose of sexual exploitation; the opposing view is that it is dangerous to limit the definition
of the term in that way.

Trafficking in organs and trafficking in human beings for the

purpose of organ removal
While there is information about the legal activity in organ donation and transplantation, for
many countries the numbers regarding victims and trafficked organs remain rather
incomplete. Both the quantitative and also the qualitative description of trafficking in organs
and trafficking in human beings for the purpose of organ removal are hindered by the lack of
universal agreement about what is involved in the former and by the limited amount of
detailed information available from official sources.
There is possibly therefore a high number of unreported cases for the two crimes. This is
because of the huge profits and rather low risks for the perpetrators. Victims/donors are also
mostly ashamed and frightened to report cases, recipients of organs will remain silent and the
other people who know about the interventions are mostly directly involved in the trafficking
offences; thus it is very difficult to investigate the crimes. The numbers and trends available
are therefore mostly based on estimates and rumours, as well as on certain official data which
as already pointed out remain incomplete.
When describing practices in trafficking related to transplantation, it should first be noted that
this form of trafficking, either in organs or in human beings for the purpose of organ removal,
is a global issue. There is an international bioethical framework which is properly reflected in
existing standards. In addition, transplantation needs are universal, but are dealt with
unequally by individual countries, in spite of those standards.
Trafficking here commonly therefore involves different countries and usually takes advantage
of a situation in which particular countries do not have a well developed or implemented
regulatory framework to prevent trafficking and protect the live donor. Although the
simultaneous involvement of different countries in these practices is possibly the commonest
form of trafficking related to organ transplantation, there are cases confined to specific
nations involving national donors and recipients.
In this connection, prosperous Asians began travelling to parts of Southeast Asia to obtain
organs from poor donors an early form of ethically suspect transplant tourism. These
practices were documented by many media organisations which showed that few benefits
accrued to the very poor persons who sold a kidney. Concerns were also raised about poor

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outcomes associated with organs bought from these very poor persons. This was probably the
earliest known case of a practice possibly related to trafficking in persons for the purpose of
organ removal for transplantation purposes.

Transplant Tourism

The international community must find ways to address the rise of an international organ
black market that puts organ sellers at risk of major human rights violations.Transplant
tourism is an international phenomenon in which organ seekers, usually from wealthier
nations, travel to developing countries where they receive organ transplants. Trips abroad are
typically arranged by a third party, often a health care provider working in the destination
country. The price for a kidney transplant is estimated to cost between $70,000 and $100,000
US dollars. This is a huge sum of money and in countries with weaker economies it is a small
fortune! It easy to see how human organ trafficking is an international issue that is driven by
the economics of supply and demand.
Patients that go abroad for organ transplants will travel to countries that have less healthcare
regulation than their country of origin. In many developing countries, organ registries may
not even exist, so no one has the job of regulating the transfer of organs from donor to
patient. In a highly regulated health care system, a patient would have to prove that the organ
was a donation and not something that was paid for. However, in a less regulated country it
may be enough to say that a perfect stranger is a cousin or family friend and the authorities
will not investigate further. In some cases, if both buyer and seller come from countries
where health care is more regulated, the seller and buyer may agree to travel to a third, less
regulated country for the operation.
On the surface, it may seem like transplant tourism is not such a bad idea. After all, if people
who are suffering from end-stage organ failure have money to pay and healthy people who
need the money give their consent to sell their organs for profit, it seems like a win-win
situation. However, when you look at the issue more closely, it becomes clear that the
demand for the human organs that originates in the rich, developed world has very grim
consequences for the poorest and most vulnerable people living in the developing world. In
the following sections we will look at the human rights violations associated with the trade in
human organs.

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 The Deadly Trade of Child Organ Trafficking
Srinagar, Asharq Al-Awsat- The horrific killings of 19 children and women in the Indian slum
of Nithari, close to the affluent area of Noida on the outskirts of Indias capital, Delhi, has
brought into focus the horrific trade of human organ trafficking that is claiming the lives of
thousands of children worldwide.

There is huge demand and a market for body parts especially eyes, hearts and kidneys
belonging to children. Estimates indicate that at least one million children have been
kidnapped and killed in the past 20 years for organs. A kidney or eyes can fetch up to US
$10,000 and a heart could cost US $50,000 or more. Estimates further indicate that money
laundering in this deadly trade accounts for up to 10% of the worlds GDP, or as much US $5
trillion. As a result, the black market for childrens organs is expanding and more and more
children are kidnapped and killed.

While victims are primarily from Asia, Eastern Europe, the former Soviet Union, Latin
America and Africa, trafficking also takes place in developed countries.

Those who take part in this trade make false promises about employment opportunities for
the children and give money to the parents. Children are also stolen from orphanages, or
handed over through a fake adoption process and killed for their organs. The intermediary
may earn between US $50 and US $20, 000 per child according to the source countries. In
many cases, impoverished parents are sometimes persuaded to sell their childrens organs for
as little as US $500.

According to Dr Sam Vaknin, the Senior Business Correspondent for United Press
International (UPI), a kidney fetches US $5000 in Turkey. A kidney from an Indian or Iraqi
child, however, would cost a mere US $2000. Such amounts are pitiful in comparison to the
thousands of dollars that wealthy individuals would pay for an organ.

A recent report of a retired Italian couple, who had been arrested for buying a five-year-old
Albanian boy to provide organs for a transplant for their grandson and who paid US $6000 to
the trafficking gang, is a clear indicator to this trade.

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In Russia in late 2000, a grandmother was arrested for trying to sell her five-year-old
grandson Andrei. With the help of the boys uncle, the child was handed over to a man in
exchange for US $90,000 who would then take him to the West, where his kidneys and
other organs would be removed and sold.

In 2001, Britain was also pressed by allegations of storing hearts, lungs, brains and other
organs from children in hospitals. A Dutch pathologist Dick Van Velzen at the Alder Hey
Childrens Hospital in Liverpool had confessed to removing hundreds of thousands of organs
from childrens bodies and storing them in hospitals all over the country. The doctor told the
BBC program Panorama that body parts from living children were given to a
pharmaceutical company for research in return for financial donations following
managements instructions.

An inquiry by a British Medical Officer reported that in addition to over 2,000 hearts, there
were a large number of brain parts, eyes taken from over 15,000 stillborn foetuses and
perhaps most disturbingly of all, a number of childrens heads and bodies. Professor Van
Velzen, who was sacked from a hospital in Canada where he faced similar charges also
worked at a hospital in Holland.

In 2004, Israeli doctors were charged of harvesting organs from Palestinian children.

In a culture where everything can be bought for a price, it seems as if the children are the
ones paying the ultimate price.

Human organ trafficking has become a particularly profitable international trade.

International criminal organisations have identified the opportunity created by the large gap
between organ supply and demand.

There are millions of affluent individuals who await organs such as the heart, lung, liver,
pancreas, kidney and intestines for transplants.

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 WHO ARE THE TRAFFICKED CHILDREN?

It is quite well established by now that both girls and boys are trafficked depending upon the
purpose of trafficking. Nonetheless, it goes without saying that girls are more vulnerable than
boys. The children trafficked are young as the the younger the child the more money
she/he will fetch. Therefore, whether trafficking is for prostitution or for domestic work or
camel racing or begging or pornography, whatever the purpose may be, the younger children
are preferred to their older counterparts. In the case of adoption, almost always it is the infant
who is trafficked.
Here are some of the common characteristics of the victims of trafficking to be found:
They are illiterate or with very low levels of illiteracy
They by and large belong to poor families
Many of them belong to the marginalised sections of the society such as the scheduled
castes, the scheduled tribes and the other backward communities.
Many of them are victims of natural disasters/calamities
Some are those displaced due to development projects
They are child victims of militarisation and political conflict
They are street children

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 Indias Black Market for Organs Uncovered
Right outside Indias capital New Delhi lies the suburb of Gurgaon, known for business call
centers and Indias middle class. But, underneath its prosperous exterior lies one of Indias
largest organ trafficking rings. For the last decade, the ring has operated in at least eight
Indian states and may have illegally harvested and transplanted over 500 kidneys. Most of
kidney donations were made by poor day laborers, who were kidnapped from local market
for their kidneys. Many did not consent to giving up their kidneys and were held for days
under the watchful eye of armed guards. The victims were either drugged or held at gunpoint
during the operation, and very little healthcare was given to them after the operation. They
only received about $1,000 for their kidneys, which would sell on the black market for as
much as $37,500 to rich Indians or foreigners.
This is not the first organ trafficking ring to be uncovered by police. In 2007, a ring in
Southern India was exposed, after taking advantage of poor fishermen who had lost
everything in Indian Ocean Tsunami. The Indian government has banned the sale of kidneys,
but as long as the need for organ outweighs the amount donated by the deceased and families,
the black market will continue to thrive in India, as long as it is illegal to sell human organs.12

Delhi raps region on trafficking13 - Guwahati, Feb. 17: The Union ministry of home
affairs has asked three northeastern states to improve their performance in combating human
trafficking. Official sources said the ministrys anti-trafficking cell had taken serious note of
the Northeast becoming a major source of trafficking of women and children to other parts of
the country. Expressing concern over reports of human traffickers preying on the
northeastern states, the ministry has asked police in Meghalaya, Arunachal Pradesh and
Nagaland to put their act together, a source said.

He said the home ministry had last month reviewed measures taken by different states to
combat human trafficking, which has assumed the dimensions of an organised crime in the
country. The home ministry is also considering a proposal to make Guwahati the nodal centre
for coordinating anti-trafficking operations in the Northeast, he added. The ministry has
12 Robinson, Simon. Indias Black Market Organ Scandal. TIME. Fberuary 1, 2008.
http://www.time.com/time/world/article/0,8599,1709006,00.html

13 February 18, 2012 by NNLRJ INDIA

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decided to give cash rewards to police personnel for outstanding work in the field of anti-
human trafficking and has invited nominations from all the states. This is being done to
encourage policemen to improve their performance in this field, which held low priority for
them till not very long ago, the source said.

Because of their Mongoloid features, girls from the Northeast are sold at a higher price
because they are presented as foreigners from Southeast Asia. Eventually these girls land up
in brothels and circuses, he said. A large number of girls trafficked from the Northeast are
also forced to enter into wedlock in Haryana, particularly in Hissar district. He said Assam
police, with the help of NGOs, had rescued many girls from Hissar who were forcibly
married after being trafficked. These forced marriages are happening because of the dismal
gender ratio in Haryana, the source said.

The home ministry has taken steps to strengthen law enforcement response against human
trafficking as a joint initiative of the Centre and the United Nations Office on Drugs and
Crime. Because of the inter-state and international dimensions of such crimes, the home
ministry has also stressed on improving cooperation among the police forces of different
states and with the CBI.

This problem has an international dimension also because girls from Bangladesh and Nepal
are trafficked to metropolitan cities and popular tourist destinations in the country like Goa
through eastern India, the source said. The ministry has also asked the state police forces to
send regular details on missing children and women and gangs operating in their respective
areas to the CBI, which has established a criminal intelligence cell to collect and share such
data. The states were also asked to expeditiously set up anti-human trafficking units, to
investigate the crime at all points source, transit and destination and to keep an eye on
all suspectspotter, recruiter, buyer, seller, transporter, harbourer and financier.

We try our best, police say14- Despite a force of more than 70,000 police personnel, a
special unit for children, an anti-human trafficking cell and a juvenile justice unit, last year
1309 missing children cases were reported in the capital. Police claimed to have recovered
around half of them. Police also found 557 unidentified children last year, who were sent to
children's homes.

14 Sumit Kumar Singh, New Delhi, February 11 2012, DHNS

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According to National Crime Record Bureau figures on crime against children, there were
3630 cases reported in the capital in 2010. The agency found that 2,839 children had become
victims of crimes in 2009.

We have got a long way to go. Delhi has the best model as Delhi police is more sensitive
towards such issues compared to other cities, additional deputy commissioner of Police
Suman Nalwa said.

But in many slums and other low income localities where government runs welfare
programmes, the police are not involved, he said.
If these are the areas where child abuse is rampant the police should be encouraged to
participate. Everything is on paper right now. There is no co-ordination between police
personnel across states. We need to form a comprehensive network to prevent crime against
children in Delhi as this city is the most vulnerable, Nalwa said.
Last year, Delhi Police arrested 12 persons, busting international and inter-state human
trafficking rackets.
An anti human trafficking unit gathers intelligence on organised gangs involved in missing
children cases, bonded labour and trafficking of girls for prostitution. It has offices in all the
11 police districts of the national capital. The district investigation unit (DIU) officers looks
after anti-trafficking matters.
An officer of the assistant commissioner of police rank works 24 hours with one inspector,
two sub-inspectors and other subordinates in each unit, the officer said.
Deputy Commissioner of Police (outer) BS Jaiswal told Deccan Herald, There are various
forms of child abuse. We have trained staff in every police station that especially deals with
children becoming victim of abuse. We conduct periodic raids at various office and factories
to rescue bonded child workers.
Similarly, Deputy Commissioner of Police (east) Prabhakar said, The beat constables have
been sensitised to look out for cases of suspected trafficking and bonded child labourers at
transit points like bus stands, taxi stands, isolated hotels, guest houses and on the streets.

Page | 18
Kidney racket busted15- LUCKNOW/CHANDIGARH: Beware of anyone who tries to
befriend you next time you go to a liquor shop. He may convince you to get a minor
operation done in exchange of anything between Rs 1.5 lakh to Rs 2 lakh.

Lucknow police on Sunday busted a gang of four miscreants involved in arranging kidneys
for the needy after luring poor people into selling theirs. Till now, they claimed to have sold
kidneys to at least 7 people-all in Chandigarh.

The four were identified as Harishankar Maurya, the kingpin of the gang, Dilip Nigam, Vinod
Dubey, and Harish Prajapati. Maurya, who was a private teacher about a year ago, according
to Lucknow DIG D K Thakur, used to stay in Chandigarh and search for patients needing a
kidney transplant. He focused on only two hospitals, Silver Oaks and Shivalik Hospital in
Mohali.

After assuring a kidney to the kin of the patient, Maurya used to contact his partners-Dilip
and Vinod in Lucknow. Maurya would charge over Rs 3 lakh from the patient's kin. The duo
then used to search for gullible targets near country-made liquor shops. They used to
convince people to get a minor operation done and donate one kidney and get Rs 1.5 lakh to
Rs 2 lakh.

Harish, who is a computer designer, used to contribute by preparing fake certificates and
documents to prove that the patient and the donor were related to each other. Prima facie the
involvement of the hospitals has not been ascertained, the DIG said.

Speaking to TOI at Chandigarh, Dr Arjinder Bains, a surgeon of Shivalik Hospital in Mohali,

said, "A police team from Lucknow had visited the hospital a few days ago and in fact, we
were the ones who helped them nab the culprits. A prospective donor had approached us and
as per rules, we had sought verification of the NOC and found it to be faked. Thereafter, the
donor was never operated upon."

When contacted, Dr Akhil Bhargava, of Silver Oaks denied that any police team had visited
the hospital in connection with any scam. "There was a police team from Lucknow who had
come to Mohali about four days ago in connection with an investigation of a minor who had

15 Rajiv Srivastava, TNN Dec 26, 2011, 06.40AM IST

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gone missing. Upon investigation, it was found that the alleged kidnappers were staying in a
hotel in Burail, Chandigarh and the team from Lucknow was asked to approach Chandigarh
police," said DSP (city) Darshan SinghMann.

Kidney racket gang may have over 2 dozen members16- LUCKNOW: While the
number of victims whose kidneys were transplanted in exchange of money have been rising,
the investigators have a hint that the number of miscreants, who are members of the gang,
could also go beyond two-dozen.

Sources said that one of the gang members, who is still out of the police net, is supposed to
be a legal luminary. It is in this regard that the police have applied for the remand of the four
accused including their kingpin Harishankar Maurya, a resident of Brindawan Yojna in PGI
area.

The other members of the gang were identified as Dilip Nigam, a resident of Malihabad;
Vinod Dubey and Harish Prajapati, both residents of Telibagh. The police had arrested the
four on December 25 and busted the kidney trade racket.

Initially, as per the miscreants' claim, the number of people whose kidneys were transplanted
in exchange of money, was believed to be only 7. However, the police search resulted in
around 20 victims coming up with the same information that their kidneys were transplanted
through the same gang.

During the investigation, now the police have got some information that the number of
people involved in the gang is also approximately to touch two-dozen marks with Maurya as
their kingpin. The police sources also said that two members of the gang are also supposed to
be from Nepal.

Though the officials, when contacted by TOI, refused to confirm the number as well as about
Nepal residence of two members of the gang, they said that efforts are being made to take the
remand of the accused and know about the functioning of the gang.

16 TNN Jan 1, 2012, 03.54AM IST

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A senior official, preferring anonymity, did confirm the involvement of a legal luminary in
the racket. He said that once the court opens on January 2, efforts would be made to pursue
the remand application.

DIG D K Thakur also said that once the police are able to get the remand
of accused, a team of officials would be sent to Chandigarh to ascertain
the nexus of the hospital staff with the gang members, if any.

Special force to combat trafficking17- NEW DELHI: The Delhi Police is creating
specialized Anti Human Trafficking Units (AHTU) that will trace missing children and look
into cases of trafficking of girls for prostitution and children for bonded labour.

The AHTU would track organised gangs operating in Delhi and NCR who have been
trafficking women and children from the states of Orissa, Jharkhand, Bihar, West Bengal and
eastern Uttar Pradesh. Such gangs lure women and children by promising them jobs in Delhi,
but sell them off to be put up for begging, prostitution or as bonded labourers.

Around 2,000 children, including young girls, women and children, go missing from Delhi
every year. Apart from that, several gangs from outside the city run trafficking rackets in the
garb of placement agencies, said a source.

The new units are being created following a direction by the ministry of home affairs (MHA)
in which it was reportedly stressed upon creating 335 anti-human trafficking units in the
country for which Rs 8.72 crore has already been released as a first installment to all States.
According to recent National Human Rights Commission (NHRC) figures, 23,608 complaints
regarding violation of human rights of women, including trafficking, between April 2007 and
January 31, 2011, have been registered. The cases of missing persons are much more than
these, said a police officer.

The AHTUs, in all the 11 districts of Delhi, will have officials who will gather intelligence on
organised gangs, trained staff to deal with trafficking cases, deal with victims of trafficking
and help in rehabilitation of the victims. Rather than chasing the gangs, these units will help
in combating trafficking, said a senior police officer.

17 Posted on September 17, 2011 by NNLRJ INDIA

Page | 21
The units are already under formation in all the 11 districts of Delhi where District
Investigation Unit (DIU) officers would be looking after the anti-trafficking matters. An
officer of ACP rank would work 24 hours with one inspector, two sub-inspectors and other
subordinates in each unit and they would be present for victims of trafficking on all calls,
said the officer.

The Delhi Police would also begin public awareness campaigns to make the potential target
and vulnerable groups aware of such activities, including traps laid by traffickers. Beat
constables will be sensitised to look out for cases of suspected trafficking at all transit points
like railway stations, bus stands, taxi stands, public places, isolated hotels, guest house,
streets, etc, said the officer.

On February 2, Delhi Police had arrested four members of a human

trafficking gang who had bought a handicapped girl from Jharkhand for Rs
10,000.

Modus Operandi

Trafficking takes place within the country and also across borders. As far as international
trafficking is concerned, India is not only a receiving and sending country but also a transit
point. The traffickers are using India and Pakistan as their route to the U.A.E. For instance,
India receives from Nepal and Bangladesh and sends to the Gulf countries as well as some
European countries for intercountry adoption.
The demand for children is increasing in the cities for all forms and purposes of trafficking.
Major cities like Delhi, Mumbai Calcutta, Bangalore, Hyderabad and Chennai are both
consuming areas as well as transit grounds, as children are sent to the Arab countries through
these cities. Delhi and Mumbai are of course the main transit grounds for international
trafficking. Tripura has emerged as a safe passage for those who are involved in child
trafficking business from Bangladesh to West Asia, especially Dubai.18
Bangladeshi women and children are trafficked to India through the bordering
districts: Satkhira, Jessore, Jhenidah, Meherpur, Rajshahi, Nawabganj, Joypurhat
18 Tripura: a safe passage for child traffickers. Jonaki. Vol.1. No.1. September 1997

Page | 22
(sending route in Bangladesh). Indo-Bangla international border at Khojadanga in the North
24 Paraganas in West Bengal is the receiving area in India. There are reports from NGOs in
Bangladesh of young girls and women being trafficked to Lucknow and Firozabad districts in
Uttar Pradesh. The trafficking from Nepal largely takes place thorough the adjoining border
districts of Bihar and West Bengal, from where they make an entry into other places in India.
The Nepal-U.P. border is also another easy entry point. Prostitution is a fairly well
documented form of trafficking. Groups working on women and children in prostitution have
been able to throw light on the areas where it is concentrated the most.
Trade centres bordering India and cities with easy road linkages are flourishing with flesh
trade because they serve as transit and training centres for women liable for trafficking.
Major cities like Mumbai (Kamathipura), Delhi (G.B. Road), Calcutta (Sonargachi,
Bahubazar, Toliganj, Kalighat), Bangalore, Hyderabad and Chennai have the largest
concentration of prostitutes.
In the State of Karnataka, Belgaum, Raichur, Bijapur are some of the districts where the
Devadasi tradition is practised. In other words these districts also send out (or sell out) some
Devadasis into commercial sex-work in the cities. Some districts of Andhra Pradesh and
Maharashtra are also known for religious prostitution (Joginis).
According to a study by Centre of Concern For Child Labour Child Prostitution
in India, 1998, Four pockets in India are said to be recruiting grounds:
Andhra Pradesh Adilabad, Kurmul, Enadi
Bihar- Dhanbad, Dumka, Sahebganj, Ranchi, Purnea
West Bengal Murshidabad, Nadia, Jalpaiguri
Karnataka Belgaum, Raichur
Tamil Nadu Madurai, Coimbatore
The situation is acute in:
The pink triangle Delhi-Jaipur-Agra
Goods transport routes like Calcutta-Siliguri-Guwahati-Shillong and Khandla-Rajkot-
Udaipur-Jaipur-Delhi.
As regards sex-tourism and pornography, besides Goa, other tourist destinations such as the
Puri beach in Orissa, some of the new tourist spots like Gokarna and Karwar in North
Karnataka, Kovallam and Mammallapuram in Kerala, and some areas in the Delhi-Agra-
Jaipur triangle have become a centre of operation.
In the case of adoption, reports are available from Hyderabad, especially the areas with
concentration of some nomadic tribes such as the lambadas, on children being sold to in the

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name of adoption to prospective parents from both outside and within the country. Similar
reports have also come in from Goa. Children are trafficked for labour mostly from areas
where poverty levels are high and parents are amenable to sending off their children. They
may be transported within the State or outside. For purposes of entertainment, they are
trafficked to other countries.
As has been already mentioned, trafficking is by deceit, fraud or force. In the case of children
particularly, there is no element of voluntariness involved on their part. Children, when
procured, are taken from place to place and kept captive in alien locations, to avoid being
apprehended. The traffickers operate in a very organised manner. Some of the techniques
used by them are:
Approaching the family of the victim as well-wishers.
Seeking the help of a local person or contact to approach the victims family.
Making contacts with unsuspecting women and children at bus stands and railway
stations.
Making friends with children while at play or in school.
Approaching poverty stricken families and persuading them into parting with their
child. This is how they get the parents to sell their children.
Luring women and children with false promises of well-paid jobs or marriage with
rich men.
Forcing the parents to sell their child in order to meet their debts. They use false debt
bonds.
Using false documents and passports to traffic people from one country to another.
Paying bribes to the officials to procure false documents or escape from legal
entangles.
Kidnapping/abduction
Rape or other forms of sexual abuse
Children are brought through abduction but it is much easier to bring through marriage or
for jobs, says Indrani Sinha, Chief Editor, Jonaki, a Journal by Sanlaap, Calcutta.
The pimps today do not have to use deception, instead they use concern, affirmation,
friendship and emotional manipulation to bring/lure these children into prostitution19. An
example of the methods adopted by people involved in trafficking for pornography can be
found in the case of the Swiss couple caught red handed in Mumbai in December 2000.
Luring street children, creating a bond of friendship, giving them good food and clothes,
giving them toys and free rides in swanky cars, trendy clothes, money and other perks. After
gaining their confidence, they lead them to a posh hotel in the western suburbs of the city,

19 Child Prostitution: Sanlaaps Experience. Jonaki. Vol.1. No. 1. November, 1996

Page | 24
where they were bathed, stripped and told to perform various sexual acts, some involving the
couple themselves. These acts were then filmed for the purpose of commercial pornography.
The traffickers know their job quite well and they often do not fail with their techniques.

INTERVENTIONS ON TRAFFICKING IN CHILDREN

Government initiatives- India pays attention to the problem of trafficking through its
Department of Women and Child Development as well as through the National Commission
for Women. Both the Centre and the States have undertaken some initiatives to combat child
trafficking. The Central Governments initiatives include:
In pursuance of the Supreme Court Directives of 1990, the Government of India
constituted a Central Advisory Committee on Child Prostitution in 1994, comprised of
government and non-governmental agencies to examine the issue of sexual
exploitation of children particularly girls and identify policy and programme
interventions. A desk has been set up in the Department of Women and Child
Development to implement the recommendations of the Advisory Committee.
In 1997, under the directive of Supreme Court, a Committee on Prostitution, Child
Prostitution and Children of Prostitutes headed by the Secretary of Department of
Women and Child Development, was set up. This committee looks into the problems
of prostitution and trafficking of women and children in order to evolve suitable
programmes.
The government under section 21 of ITPA20 has established Protective Homes for girls
and women detained under this act. Currently there are 80 such homes, which provide

20 Immoral Traffic (Prevention) Act of 1956 (ITPA)

Page | 25
 custodial care, education, vocational training and rehabilitation including arranging
marriages for the inmates.
A network of short stay homes under the sponsorship of the Department of Women
and Child Development and juvenile homes under the Juvenile Justice Act have been
established for the protection and rehabilitation of victims. Medical services and
counselling are made available at these homes.
The Central Social Welfare Board provides financial assistance to NGOs to run
development and care centres for the children of prostitutes.
Some of the States have undertaken their own initiatives in addition to interventions being
designed at the Central level. These State Government initiatives are:
Like the Central Advisory Committee on Child Prostitution set up in 1994, the State
governments have also set up State Advisory Committees. Advisory boards of social
workers and NGOs in red light districts conduct regular raids and take measures for
the protection and rehabilitation of trafficked victims.
West Bengal, Maharashtra, Uttar Pradesh, Bihar as well as some of the southern states
have their own stated policies on trafficking of women and children, especially into
the sex industry. Certain interventions on the part of Uttar Pradesh, West Bengal and
Bihar include cross border component as well, with Nepal and Bangladesh.
The Government of Karnataka has initiated Devdasi rehabilitation and training
schemes. A component of this includes moral education and social upliftment.
The Government of Andhra Pradesh has sanctioned a project in 1997-98 for the
rehabilitation of victims of prostitution who are HIV positive.
The Government of Maharashtra has set up special juvenile homes with facilities for
counselling, vocational training and health unit for child prostitutes infected with HIV.
The Government of Madhya Pradesh has initiated a scheme called Jawali Yojna in
1992-93 targeting the Bedias (community in the prostitution trade). The programme
emphasises primary education for girls at age six, middle school, and/or vocational
education and training.
State Governments have also demonstrated their active engagement on this issue by
organising raids and rescuing victims of prostitution.

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 LAW AND POLICY
Legal Framework- The laws and legislations do not seem to be adequate or
comprehensive in dealing with the various forms of trafficking and often frees the culprit and
penalises the victim.
India is a signatory to several international covenants, conventions and treaties dealing with
exploitation of women and children. A list of various international mechanisms that can be
used to deal with the issues of child trafficking is elaborately presented in Annexure II. The
most important amongst these, in the case of children is the UN Convention on the Rights of
the Child (CRC), 1989, ratified by India in 1992 (Articles 3, 11, 21, 34, 35, 36, 39 and 44 of
the CRC).
The CRC provides a platform for NGOs to bring their child rights concerns to notice in the
form of alternate reports that can be sent to the UN Committee on the Rights of the Child for
consideration. Besides, it also clearly provides for the State Parties to consult NGOs in the
preparation of the Country Report to be presented before the Committee so that issues
concerning children get adequately addressed.
As regards the national scene, it must be pointed out that we have a Constitution that is
applauded all over the world, but, while Article 51 A in the Constitution of India makes it a
fundamental obligation on all citizens to renounce practices derogatory to the dignity of
women, it does not lay down the same in the case of children. Neither has one known of any
trafficking case coming up before the court of law on grounds of violation of the fundamental
duty laid down in the Constitution.
As women and children are considered a weaker section of the society, the Constitution,
following the principle of protective discrimination, allows for making and implementing
laws specific to them, for their protection and well being. The Immoral Traffic (Prevention)
Act of 1956 (ITPA) is in line with this principle. Unfortunately, this Act deals only with
trafficking of girls and women for prostitution. It does not cover trafficking of boys for sexual

Page | 27
purposes. As the laws stand, the only legal provision that can be invoked to combat
trafficking of boys is Section 377 of the IPC, which deals with unnatural offences, and
covers sodomy. The Karnataka Devadasi Prohibition Act deals with trafficking of girls for
religious purposes. Some of the other laws relating to trafficking are the Juvenile Justice Act,
1986, a number of Begging Prevention laws e.g. the Bombay Begging Prevention Act, the
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1989, the
Bonded Labour Act and so on. Besides the criminal law of India i.e. the Indian Penal Code,
the Criminal Procedure Code and the Indian Evidence Act provide for various forms of
trafficking. However, there are enough loopholes in the laws and the legal system that result
in the crime being perpetuated without fear.
Gaps in the existing legal framework- The existing legal framework is limited to
defining trafficking only in terms of trafficking for prostitution. There is no comprehensive
legal framework to cover trafficking of children for labour, begging, pornography etc. In
trafficking, it is not just the moving of children from one place to another, it is also breach
of trust and it is the pain and agony and trauma suffered by the victim both while being
trafficked and thereafter. We need a law that addresses all these concerns.
All other forms of trafficking other than prostitution is currently covered under the Indian
Penal Code (IPC). The IPC has no specific provision on trafficking. IPC provisions that can
be used to deal with a case of trafficking are the provisions relating to kidnapping and
abduction, procuration and importation of minor girls for illicit intercourse, selling and
buying of girls for prostitution, slavery and forced labour contained in sections 360, 361, 362,
363 A, 365, 366, 366 A, 366 B, 367, 369, 370, 371, 372, 373 and 374.
The IPC does not contain any provision for abetment to trafficking or attempt to trafficking in
any form whatsoever. In the case of Freddy Peats, the paedophile caught in Goa, the police
initially brought the case under Section 377 of IPC dealing with unnatural offences as well as
sections 291 and 293 of the IPC dealing with dissemination of obscene pictures, especially of
minors. In such cases a bail cannot be granted, but Freddy Peats managed to get released on
bail. After much struggle Peat was sentenced to life. There is a need for a comprehensive
legislation on child trafficking, which goes beyond child prostitution and addresses other
grave forms and purposes of trafficking of children.

Page | 28
Policies and Plans
There is a need for a comprehensive policy on child trafficking. Unlike the National Policy
on Child Labour, 1986, or the National Policies on Health, Education and Nutrition (adopted
in the years 1983, 1986 and 1993 respectively), there is no National Policy to Combat Child
Trafficking or Trafficking as such. India however, does have an old National Policy for
Children of 1974, which has not been changed in all these years. This policy does not contain
anything specifically for child victims of trafficking though it does talk about protection
of children against neglect, cruelty and exploitation.
One of the major goals of the National of Action is Improved protection of children in
especially difficult circumstances, which includes tackling the root causes leading to such
situations. This category of children is comprised of physically handicapped; mentally
handicapped; drug addicts, victims of natural and man-made disasters, refugee children, street
children, slum & migrant children, orphans & destitutes; children suffering from AIDS,
children of parents with AIDS & AIDS orphans, children of prostitutes and child prostitutes
and juvenile delinquents and child labour.
Although the National Plan of Action, 1992 deals with children in prostitution and children of
prostitutes in its section concerning children in especially difficult circumstances, like most
other government documents it does not recognise child trafficking per se as an issue for
action.

Page | 29
 Recommended actions to prevent organ-related trafficking

Governments-
Sign and ratify relevant international instruments, including the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children supplementing the United Nations Convention against
Transnational Organized Crime (2000).
Amend domestic legislation to prevent abuse of organ transplantation.
Prevent illegal organ sales by considering alternative measures such as
increasing the supply of cadaver donations.
Monitor live, unrelated kidney transplantation processes.
Ensure independent and comprehensive pre-operative counselling.
Carry out further research to clarify the relationship between the
commercialization of organs and trafficking in persons for organ removal.

Non-Governmental Organizations (working on trafficking in persons and health

issues)-
Undertake needs assessments in the area of organ trafficking.
Identify the nature and specific issues of organ trafficking in order to be
able to provide specialized services to such victims, if it is deemed to be a
significant problem.

Donors (providers of funding)

Fund research to support effective legislative action.
Involve key stakeholders such as medical professionals, NGOs and IGOs in
the discussion of the issue of organ trafficking and organ sale.
Support pilot activities in countries where organ trafficking is known to be
a significant problem.

Page | 30
 Suggestions
One way that has been suggested of protecting the poor and vulnerable from the worst human
rights abuses of organ trading is by legalizing the sale of human organs so that it is a
regulated industry. Iran is currently the only country in the world in which it is legal to buy
and sell human organs. They are currently able to meet their national demand for kidneys,
however, the poor and desperate remain the sources of organ harvesting. In the past, India had
a policy of permitting the sale of human organs but it was overturned in 1994 following
problems including some patients not being paid enough and others unaware that an organ
had been harvested.21 Critics of the legalization of the human organ trade point to the
inequality between sellers and buyers and that organ harvesting makes the poor even more
vulnerable to future health problems which they do not have the money to treat22.
Finding ways to reduce the demand for organ transplants is another strategy for minimizing
the spread of illegal human organ trafficking. The growing need for organ transplants can be
indirectly linked to diet and lifestyle changes in the developed world that include high sugar
and fat diets and limited physical activity. In addition, some critics believe that organs are
wasted because countries have poor systems of organ harvesting in cases where patients are
brain dead due to accidents.
Finally, there has been no international effort to educate potential victims and likely targets of
human organ trafficking of the risks involved. Many organ sellers do not have all of the facts
on the risks and dangers involved in organ selling and therefore can not make an informed
decision. Only law and policy reform will not serve any purpose unless there is simultaneous
attitudinal change based on recognition of rights and needs of children. Families and
communities need to be sensitised, as do officials dealing with trafficked children. Clearly,
interventions have to be preventive or long-term and reactive or immediate. Change in

21 http://en.wikipedia.org/wiki/Organ_trade#Illegal_organ_trading

22 http://www.juragentium.unifi.it/en/surveys/palestin/doc12/scheper.htm

Page | 31
law and policy and putting into place programmes, right to education of all children and
awareness generation and advocacy would be preventive.
But simultaneously rescue and rehabilitation of children who are trafficked has to continue.
This is a tricky issue because sometimes persons who are the childs guardians (including
parents) and incharge of the well being of the children are the ones responsible for trafficking
them.

RECOMMENDATION FOR FORMULATING A RESOLUTION

Many countries still lack a definition of and laws against human organ trafficking. While
some do have such legislation, the laws are not binding and those individuals facilitating
underground operations are not punished. In addition, the demand for organs for
transplantation is expected to increase in the near future, especially in the case of kidney
transplants. It is projected that the number of patients with diabetes mellitus will double from
the year 2000 to 2030, especially in developing countries23. Delegates should consider ways
to address the impact of this finding and the following when creating draft resolutions:
Long term and short term strategies to reduce the demand for live donor organs in the
developed world
Ways to punish medical professionals involved in live donor organ transplants
involving vulnerable people
Ways to educate vulnerable populations about the dangers of the organ trade
Ways to facilitate data collection efforts on trafficking on organs, tissues, and cells,
and separated by gender to see if the problem impacts women and men differently
Strategies to ensure awareness among the general public that selling organs and
receiving such organs is illegal

23 Wild S, Roglic G, Green A, Sicree R, King H.Global prevalence of diabetes: estimates for the year 2000 and projections
for 2030. Diabetes Care 2004; 27 (5): 1047-1053.

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 Work Done By The Indian Government
1. Delhi Police has utilized the provisions of Maharashtra Organised Crime Control
Act for dealing with trafficking crimes. The recognition that trafficking is an
organized crime has led to further initiatives in addressing the issues in a
comprehensive manner, with all the seriousness it deserves.
2. The PROTOCOL for Pre-Rescue, Rescue and Post-Rescue Operations of Child
victims of Trafficking for Commercial Sexual Explanation by DWCD (2005) lays
down the general principles for the State Governments and response agencies in
addressing the issues from a Human Rights perspective.
3. Bal Sakha at Patna has established institutionalized linkages with Police stations
(under the system called police chacha) and has been able to locate/trace/return more
than ninety percent of the children reported missing, which goes to more than 500 per
year. Good initiative in preventing child trafficking.
4. The Rights Awareness-cum-counseling Centre being run by SEVA (Manav Seva
Sansthan) of Gorakhkpur at Sanauli border,(facilitated by the author in the beginning)
by involving local police and counselors, have been instrumental in preventing
trafficking taking place under the garb of migration. The experiment has been able to
expose the trends in trans-border trafficking.
5. The Guidance and Monitoring Committee of Maharashtra, started by PRERANA,
in partnership with the Police and the government of Maharashtra has
institutionaled the Co-management of Homes, thereby ensuring right-based care and
attention of rescued persons. Their efforts have prevented re-trafficking.
6. HRLN (Human Rights Law Network) has make commendable initiatives by filing
several PILs in the Supreme Court of India on various important issues in addressing
trafficking.
7. The AHTU ( Anti Human Trafficking Unit) set up by UNODC in 2007 in certain
states, by involving police, prosecutors, other government officials and NGOs and by
providing non-expendable and expendable resources as well as protocols, is a classic
example of integrated, multi-stake holder synergy in anti trafficking. The AHTU is
making commendable performance with best outputs.

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8. Video Conferencing for recording the evidence of witnesses has been approved by
the Delhi High Court on a PIL by Prajwala and HRLN. This is a landmark decision to
protect the rights of victims of trafficking, as it protects them from harm, harassment
and secondary victimization during the court trial proceedings. The police and
prosecutors of NCT Delhi can utilize this in all cases of trafficking.
9. The Judicial activism by the High Court of Delhi during 2002-04 led to radical
transformation in the justice delivery scenario. The High Court directives ensured that
the government agencies guarantee complete protection of the rights of victims,
confirm effective steps for rehab and firm steps against retrafficking. The Government
NGO partnership became institutionalized. The victimization of victims came down
drastically and law enforcement became victim-oriented and human-rights oriented.
10. The initiative by SANLAAP in networking with NGOs in Bangladesh and the police
agencies (including BSF) in India, led to the safe transfer of persons trafficked from
Bangaldesh to India. The push back system of illegal immigrants gave place to right-
based hand over of trafficked persons with dignity.
11. The prosecution work being done by SLARTC, Kolkata is a unique affair. Here is an
NGO doing the prosecution work in trafficking cases. This shows that NGOs can
substitute government agencies in specific roles. Of course, the transfer of prosecution
work from government prosecutor to the NGO lawyers came out during the
deliberations and judgement by the High Court in a PIL.
12. Prajwala, Hyderabad, has demonstrated the best of kinship and partnership among
the Government- NGO-Corporates. The AMUL experiment, wherein the Corporate
has employed trafficked persons and settled them properly, has made history in the
world of rehabilitation in India.
13. Prayas, Delhi, working for several years with children in distress has networked with
corporates and institutionalized the rehabilitative mechanism by involving
government agencies, NGOs , Corporates and multinationals.
14. STOP, Delhi, has brought in revolution in the history of anti trafficking in India by
their Human Rights approach in addressing the issues. They were instrumental in
getting several trafficked persons rehabilitated appropriately by understanding the
capability/need/interest of the person. Many have been respectfully married and
settled by STOP. Many have got back to their original homes and are comfortably
settled in their own private ambience.
15. The initiative by INGON Network of Meghalaya (some of them facilitated by the
author) has brought about radical changes in the law enforcement and justice delivery
scenario of Meghalaya. The state which never knew (or rather officially

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 acknowledged) about trafficking, had to come to reality to the fact that several young
women were trafficked and exploited to many metros like Mumbai, Pune etc. The
network by this NGO has been instrumental in resuscitating several young girls and
providing them with adequate strength to carry on with a life free from exploitation.
16. Prayas Bharti at Patna has done yeoman service in the rehab of girls and women
who were otherwise condemned. Even children who were branded as prostitute by
the police were brought out of jail and rehabilitated (The first instance was
facilitated by the author) The plus point here is the networking of NGO+GO. The
police agencies can have the best achievements from a genuine partnership with such
NGOs.
17. Bhoruka Public Welfare Trust has done door-to-door-survey of the vulnerability of
women and children in those areas which were trafficking-prone. After the survey, the
empowerment programmes which they initiated in partnership with state government
and state police agencies have produced such marvelous results that they could ensure
that the erstwhile trafficking-prone areas are now sanitized and are trafficking-
free. This is a great achievement which many times even government agencies
cannot vouch for.
18. WISE, Mumbai has carried out micro research in the field to understand the
dimensions of trafficking. Their initiative has empowered women and children in
rural Maharashtra and, thereby, prevented Trafficking.
19. The Tamil Nadu Government, (Department of Social Defence) has set up a Social
Defence Fund under which the incidentals and contingencies involved in the transfer
and rehabilitation of trafficked persons and accompanying NGOs can be met with.
This is the first time in the country that the government has set up a separate fund and
provided special resources for addressing the trafficking issues at the ground level.
20. Odanadi, Mysore, has taken ingenious steps in the rehabilitation of trafficked
persons. The Home provided by them is typically from the Human Rights
paradigm. The constant efforts by them, despite all odds and resistance from the
response agencies, have been a beckoning factor in the path of human rights delivery.
They have demonstrated the best mechanisms in rehabilitation.
21. Research is an integral part of any social activism. The Institute of Social Sciences,
New Delhi, with its commitment to integrating social action with Social research, has
done pioneering research in trafficking, perhaps unparalleled in the world (The author
was the principal researcher-cum investigatorcum- report writer in the project of
NHRC, sponsored by UNIFEM). It has underscored the importance of action-oriented
research in addressing social issues.

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22. The several Action Programmes carried out across the country by the Nodal Officer
of the NHRC (the author) during the course of the Action Research on Trafficking
(2002-2004) shows that initiative, commitment and concern can make radical
transformation in the response systems. Some of these initiatives are presented as
Case Studies in the book Trafficking in Women and Children in India, Orient
Longman, 2005. These Case Studies can be used as effective models, as they present
not only ingenious and innovative steps in Prevention, Protection and Prosecution,
but also shows how good initiatives can be institutionalized and the best results are
achieved.
23. Saarthak (Dr Achal Bhagat) has brought out a Manual for forming therapeutic
relationships. This is a guide book for counseling of trafficked persons from a human
rights perspective, keeping in view their best interests. This NGO has set up a vast
resource bank of trained counselors.
24. Centre for Social Research (CSR) New Delhi has carried out several training
programmes for law enforcement officials. The training modules and curriculum have
been prepared accordingly. Their training manual is unique.
25. Joint Womens Programme has mapped the trafficking routes, destinations, sources
and has brought out a trafficking map for the first time.
26. HAQ Centre for Child Rights has developed a national network for providing
immediate relief to children in distress.
27. Childline India has developed help-lines for children in need and attention. The
helpline has been integrated and functional in many cities/towns in India.
28. Apne Aap is working on sensitizing persons on the need to address demand. Several
efforts have been undertaken in this regard. Addressing demand, though often
neglected, is one of the most important aspects in anti trafficking. The demand manual
is a masterpiece in addressing this issue.
29. Shaktivahini has been instrumental in bringing out the linkage of trafficking to illegal
marriages and illegal organ transplant. Their initiative has brought succour to lot of
victims and prevented many crimes. The various dimensions of trafficking, hitherto
not recognized, have been exposed.
30. International Justice Mission has been instrumental in the rescue, post-rescue care
and effective prosecution of trafficking cases in Mumbai and other places.
31. Stree Adhar Kendra, Pune has been instrumental in empowering women and
children at the grass roots and thereby preventing trafficking.
32. The Supreme Court of India, in its landmark judgement in September 2004 (Sakshi
vs Union of India) has directed several important steps in ensuring child rights and
womens rights in the process of criminal justice delivery. In-camera trial, which

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 under S.327 CrPC is available only for the offence of rape, has been extended to all
crimes of child sexual assault. The Apex Court has also directed several child
sensitive procedures in the trial of such cases. This landmark judgement on protecting
child rights arises out of a PIL by Sakshi, an NGO.
33. The High Court of Delhi, in a PIL, followed by suo motu action by the Court, had
regularly monitored the progress of rescue and post rescue activities in Delhi during
the period 2000-2004. The judicial activism and the landmark decisions led to drastic
improvements in the anti-trafficking scenario, especially in the protection of the rights
of trafficked persons, prevention of trafficking and ensuring Rights-based response by
all concerned. This ensured accountability of the officials and led to the
institutionalization of the coordination among government agencies as well as the
partnership between government agencies and NGOs in addressing trafficking.

Conclusion
The child organ trafficking is a relatively new allegation of the trafficking in women and
children internationally for medical research and experimentation. It would be a mistake,
however, to view these allegations of child organ trafficking as a pattern distinct from the
overall organized structure of the sexual and reproductive trafficking in women and children
worldwide.
There can be no exploitation of children without a prior exploitation of women, from whence
these children come. The situation of women and children is very much connected. That is a
political fact. Both share in the same kinds of abuse through sex and, increasingly, both
become commodities on the international reproductive market. Both are subject increasingly

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to medical experimentation. New reproductive arrangements, such as surrogacy, are
increasing the traffic in women and children across national borders. Women are the breeders;
children are the product bred. We have here the international harvesting of women and
children.
The reproductive trafficking in women and children contains all the worst elements of human
rights violations. It involves the purchase and sale of human beings, coercion, the uprooting
of women and
children often from their countries of origin and their culture, sometimes the torture of both,
often the medical violation of both and, more often than we know, the death of both. The
reproductive exploitation of women and children, along with the sexual exploitation of both,
is an act of total denigration of human beings.
Children have many champions however. The list of childrens organizations working to
combat the child trafficking problem is legion. Many people are happy to defend children.
Unfortunately, those who are often happy to defend children remain undisturbed at the similar
abuses to adult women. It is therefore necessary to continue insisting that the exploitation of
women is unalterably linked to the exploitation of children. The trafficking in children, for
any purpose, is the end-result of the trafficking in women. And until we address the overall
structure of this trafficking in women and children, nothing will change.

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