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Human Smuggling

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February 26, 2025

Why in news?

The recent deportations of illegal Indian migrants from the U.S. must push Parliament to enact a central law that strikes at the roots of human smuggling.

  • Human Smuggling – It is also known as business of death or Kabootarbazi.
  • It generates high net worth profits for criminals, who in turn fuel corruption and organised crime.
  • Vulnerability of migrants – They face grave risks by ending up being suffocated in containers, perish in scorching deserts, drown at sea or be herded into slave camps to work as forced labour.
  • Legislation in India –
    • Emigration Act of 1983
    • Immoral Traffic (Prevention) Act, 1956 (ITPA)
    • IPC Section 370

Punjab has enacted a law related to human smuggling which no other State in India has done.

  • Issues – Emigration Act of 1983 neither defines human smuggling nor looks at the serious problems connected with this deathly trade.

Punjab Travel Professionals Regulation Act, 2012
  • Objectives – To regulate the profession of travel agents to check and curb illegal, fraudulent activities, and malpractices such as organised human smuggling.
  • To provide a licensing regime for travel agents with penal provisions.
  • Travel agent – It means a person who is doing a profession which involves arranging, managing or conducting affairs related to the sending of persons abroad.
  • Human smuggling – It shall mean and include illegally exporting, sending or transporting persons out of India by receiving money from them by inducing, alluring or deceiving or cheating them.

Reference

The Hindu| India need to Frame a law for Human Smuggling
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