Answer By law4u team
Human trafficking is a serious transnational crime involving recruitment, transportation, harboring, or receipt of persons through coercion, abduction, fraud, or abuse of power, primarily for exploitation. Because it crosses international borders, addressing human trafficking requires extensive global cooperation, including extradition of accused persons to ensure prosecution and victim protection.
Detailed Legal Framework and Eligibility of Human Trafficking Cases for Extradition
Indian Legal Provisions
The Immoral Traffic (Prevention) Act, 1956 (ITPA) criminalizes trafficking related to commercial sexual exploitation.
The Indian Penal Code (IPC) includes sections related to trafficking, kidnapping, and related offences.
The proposed Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2021 aims to provide a comprehensive legal framework covering all forms of trafficking with enhanced penalties and victim protection.
Courts and authorities rely on these statutes when examining extradition requests related to trafficking.
International Treaties and Protocols
India is a party to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention Against Transnational Organized Crime (Palermo Protocol, 2000). This Protocol requires state parties to criminalize trafficking and cooperate on extradition, mutual legal assistance, and repatriation of victims.
Bilateral and multilateral extradition treaties with other countries often explicitly list human trafficking as an extraditable offence, facilitating formal requests.
Dual Criminality and Extradition
Human trafficking is generally recognized as a crime under both Indian law and the laws of other countries, satisfying the dual criminality requirement for extradition.
This ensures that extradition requests for trafficking offenses are legally permissible under Indian extradition law.
Procedural Requirements and Safeguards
Requesting countries must submit a formal extradition request with supporting documentation, including prima facie evidence of the accused’s involvement in trafficking.
Indian courts verify procedural compliance with the Extradition Act, 1962, ensuring the person’s rights are protected.
Judicial review assesses whether the accused faces the risk of torture, unfair trial, or human rights violations if extradited.
Human Rights and Victim Protection
India’s legal system prioritizes protection of trafficked victims, often coordinating with NGOs and international bodies for victim rehabilitation and repatriation.
Courts may refuse extradition if the accused is likely to face inhumane treatment or where extradition would violate India’s international human rights commitments.
The principle of non-refoulement applies, preventing extradition to countries where the accused risks serious harm.
International Cooperation and Enforcement
India collaborates with Interpol, the United Nations Office on Drugs and Crime (UNODC), and regional agencies to track traffickers and assist in investigations.
Agencies like the Central Bureau of Investigation (CBI) and Narcotics Control Bureau (NCB) facilitate cross-border enforcement and extradition operations related to trafficking networks.
Mutual Legal Assistance Treaties (MLATs) complement extradition by enabling sharing of evidence and coordination.
Challenges and Practical Considerations
Human trafficking cases often involve complex chains of criminals and multiple jurisdictions, making extradition coordination critical.
Political, diplomatic, or evidentiary challenges can delay or complicate extradition.
India maintains a balance between efficient prosecution and protection of accused persons’ rights.
Example
If an individual accused of trafficking children from India to another country is located abroad, that country may request extradition. India will:
- Confirm the offence qualifies as human trafficking under treaty and domestic law.
- Review the evidence and ensure dual criminality is satisfied.
- Assess the risk of human rights violations or political motivations.
- Order extradition only if legal and human rights criteria are met.
Conclusion
Human trafficking offences are clearly eligible for extradition under Indian law and international conventions. India actively participates in global efforts to combat trafficking, using extradition as a crucial tool to bring offenders to justice. At the same time, India upholds stringent procedural safeguards and human rights protections throughout the extradition process, ensuring balance between effective law enforcement and individual rights.
