DECLARATION

I declare that the thesis entitled “ LAW RELATING TO TRAFFICKING OF

WOMEN AND CHILDREN- NATIONAL AND INTERNATIONAL PERSPECTIVES .” is a
bonafide research work carried out by me under the guidance of Prof. D. Surya
Prakasa Rao, Dr B. R. Ambedkar College of Law, Andhra University,
Visakhapatnam for the award of the Degree of Doctor of Philosophy in Law, Andhra
University and that the thesis has not been submitted previously either in part or full
to this or any other University or Educational Institution for the award of any Degree
or Diploma.

Visakhapatnam (KALLI SARADA)

Date:

Andhra University, Visakhapatnam

 CERTIFICATE

This is to certify that the thesis entitled “LAW RELATING TO TRAFFICKING

OF WOMEN AND CHILDREN-NATIONAL AND INTERNATIONAL PERSPECTIVES”

carried out by KALLI SARADA, under my guidance, is her original work and it is fit
for submission to evaluate the work for the Award of Doctor of Philosophy in Law.

Visakhapatnam (Prof. D. SURYA PRAKASA RAO)

Date: Research Supervisor

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Andhra University, Visakhapatnam

 ACKNOWLEDGMENTS

I sincerely express my deep sense of gratitude to my Research Supervisor

Prof. Surya Prakasa Rao, Dr. B.R. Ambedkar College of Law, Andhra University,
Visakhapatnam for being a guide giving me support, cooperation, and encouragement
while doing this work. I profusely thank him for accommodating me whenever I
called on him.

I take this opportunity to express my thanks to my revered teacher whom I

worship forever, Late Prof. Y. Satyanarayana, Former BOS in law
Dr. B.R. Ambedkar College of Law, Andhra University, Visakhapatnam, for the
useful insight provided to me until his sad and sudden demise.

I express my sincere thanks to Prof. V. Vijayalakshmi, Principal,

Dr. B.R. Ambedkar College of Law, Andhra University, Visakhapatnam, for her
encouragement which immensely benefitted me during the period of my research.

I express my profound sense of gratitude to Dr K. Sitamanikyam. Chairperson,

Board of Studies in law, Dr B.R. Ambedkar College of Law, Andhra University,
Visakhapatnam, for her encouragement and support throughout my research.

I express my profound sense of gratitude to Prof. S. Sumitra, (former

principal), Dr B.R. Ambedkar College of Law, Andhra University, Visakhapatnam for
her encouragement and support extended to me throughout my research.

I am extremely thankful to Assistant Professor Dr. K. Pallavi (C) and Assistant

Professor Prof. L.V.K. Prasad (C), Dr B.R. Ambedkar College of Law, Andhra
University, Visakhapatnam for their encouragement and support extended to me
throughout my research.

I am extremely thankful to all my teachers Prof V. Rajyalakshmi,

Prof K. Madhusudhana Rao, Prof. N. Nirmala, Prof. A. Padmavathi, Prof. A. Rajendra
Prasad who encouraged me throughout my study at Law College.

I am extremely thankful to all the A.M.S College of Law Management,

Principal, and my co-faculty members’ encouragement and support throughout my
research.

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Andhra University, Visakhapatnam

 I express my sincere gratitude to my beloved family Sri Ankam Jyothi Rao
(Husband) Bhargav Sai (Son), Nikhita (Daughter) Smt. K. Mani (Mother) and Late.
Sri. Ankam Narayana Rao (Father in law) for their encouragement and well worthy.

I am thankful to my close associate family members Mr Dr Nageswara Rao

Aienaparthi, Mrs Dr Neelima Aienaparthi, Baby Prince joy Aienaparthi Mr Kiran
Kanuri, Mrs Supriya Kanuri, Baby Bhavana Dorothy Kanuri, Sri Pallavi Prasad
family members and their encouragement and support extended to me throughout my
endeavour

I am deeply indebted to my close friends Sajja Srinivasa Rao, Devavarapu

Rambabu and others for their valuable suggestions,

I also express my sincere thanks to Dr B.R. Ambedkar College of Law and

law library staff. Dr. V.S. Krishna Librarian (Main Library), Andhra University,
Visakhapatnam for their valuable services.

I express my sincere gratitude to the Librarian as well as all the other staff
members of Law Library in Dr B.R. Ambedkar College of Law, Andhra University,
Visakhapatnam for their services in providing documentary support to my Research.

KALLI SARADA

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Andhra University, Visakhapatnam

 LIST OF ABBREVIATIONS

AIR : All India Report

AIDS : Acquired Immune Deficiency Syndrome
AHTU : Anti Human Trafficking unit
AMMTC : ASEAN Ministerial Meeting on Transnational Crime
Anr : Another
Art : Article
AI - : Amnesty International
ASEAN : Association of Southeast Asian Nations
ATSEC : Action against Trafficking and sexual Exploitation of Children
AU : African Union
AWHRC : Asian Women Human Rights Council
BLSA : Bonded Labor System (Abolition) Act
BNW : Bangladesh, Bangladesh National Women’s Lawyer Association
BSF : Border Security Force
CAC : Canadian Aviation Corps
CAD : Constituent Assembly Debate
CACT : Campaign against child trafficking
CATW : The Coalition against Trafficking in Women
CARA : Central Adoption Resource Authority
CAT : International Convention against Torture, Cruel
CBI : Central Bureau of Investigation
CCPA : Child Care Protection Act
CCPR : Covenant on Civil and Political Rights
CDA : Child Development Agency
CDB : Child Debt Bondage
CDW : Child Domestic Worker
CEDAW : Convention on the Elimination of all forms of Discrimination
against Women
CEDAW (OP) : Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women
CERD : Committee on the Elimination of Racial Discrimination
CIF : Child Line India Foundation

Andhra University, Visakhapatnam

CLMS : Child Labour Monitoring System
CLS : Child Labour Survey
CLU : Child Labour Unit
CPRW : Convention on the Political Rights of Women
CSEC : Commercial Sexual Exploitation of Children
CRC : Convention on the Rights of the Child
CNMW : Convention on the Nationality of Married women
C r PC : Criminal Procedure Code
CSW : Commission on the Status of Women
CSWs : Commercial Sex Workers
DPSP : Directive Principle of State Policy
ECHR : European Convention on Human Rights
ESC : Economic, social and Cultural
EU : European Union
FIR : First Information Report
GAATW : Global Alliance against Trafficking in Women
GCMF : Gujarat Cooperative Milk Federation
GDP : Gross Domestic Product
Go I : Government of India
Go N : Government of Nepal
HRC : Human Rights Committee
HT : Human Trafficking
HTTCA : Human Trafficking and Transportation (Control) Act
ICCPR : International Covenant on Civil and Political Rights
ICERD : International Convention on the Elimination of All Forms of
Racial Discrimination
ICESCR : International Covenant on Economic, Social and Cultural Rights
ICPD : International Conference on Population and Development
IPC : Indian Penal Code
ILO : International Labour Organization
ILC : International Law Commission
IOM : International Organization for Migration
ITPA : Immoral Traffic (Prevention) Act
JSY : Janani Suraksha Yojana

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Andhra University, Visakhapatnam

KCGAHT : The Kolkata Core Group Anti-Human Trafficking
MDGs : Millennium Development Goals
MEA : Ministry of External Affairs
MOFA : Minster of Foreign Affairs
Mo LTM : Ministry of Labour and Transport Management
MOU : Memorandum of Understanding
MWCD : Ministry of Women and Child Development
MTP : Medical Termination of Pregnancy
NCRB : National Crime Records Bureau
NCWC : National Commission for Women and Children
MCOCA : Maharashtra Control of Organised Crime Act
MWC : Migrant Workers Convention
NCLP : National Child Labour Project
NGOs : Non Government Organizations
NHRC : National Human Rights Commission
NRHM : National Rural Health Mission
NIA : National Investigative Agency
OAS : Organization of American States
OBCs : Other Backward Castes
PACHTO : Prevention and Control of Human Trafficking Ordinance
PIL : Public Interest Litigation
PNDT : Pre-Natal Diagnostic Techniques
POTA : Prevention of terrorism Act
PUDR : People’s union for Democratic Rights
RECs : Regional Economic Communities
SAARC : South Asian Association for Regional Cooperation
SAF : South Asia Forum
SAIVEC : South Asia Initiative to End Violence against Children
SC : Supreme Court
SCC : Supreme Court Cases
SCs : Scheduled Castes
Secs : Sections
SIDA : Swedish International Development Agency
SITA : The Immoral Traffic (Suppression) Act

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Andhra University, Visakhapatnam

SOMTC : Senior Officials Meeting on Transnational Crime
STs : Scheduled Tribes
TADA : Terrorism and Disrupted Activities Act
TVPA : Trafficking Victims Protection Act
UDHR : Universal Declaration of Human Rights
UOI : Union of India
UN : United Nations
UNHR : United Nations Human Rights
UNDEVAW : United Nation Declaration on the Elimination of Violence
Against Women
UNODC : UN Office on Drugs and Crime
UNDPI : United Nations Department of Public Information
UNDRIP : UN Declaration on the Rights of Indigenous People
UNTOC : United Nation Convention against Transnational Organized Crime
UNPFII : United Nations Permanent Forum on Indigenous Issues
WHO : World Health Organization
WP : Writ Petition
WTO : World Trade Organization

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Andhra University, Visakhapatnam

 LIST OF CASES

 Alakh Alok Srivastava v. Union of India, 2018 SCC Online SC 478

 BachpanBachaoAndolan v. Union of India, (2014) 16 SCC 616
 Bai Shanta v. State of Gujarat, AIR 1967 GUJ211
 Bodhisattwaa Gautam v. Subhra Chakraborty, (1966) 1 SCC490
 Bandhu Mukti Morcha v. Union of India, (1984) 3 SCC161
 BudhadevKarmaskar v. State of West Bengal, (2011) 11 SCC 538
Gaurav Jain vs. Union of India, 1997 8 Scc 114
 Kajal Mukesh Singh AndOrs vs The State Of Maharashtra on 30 September 2020
 Maharashtra v. Mohd. Sajid HusaianMohd. S. Hussain, (2008) 1SCC 213
 Maharashtra vs Dr Praful Desai, 2003 4SCC 601
 Momin Musamil Anwar and Another v. State of U.P., 2015 SCC Online All 5455
 MC Mehta v. State of Tamil Nadu and Others 31, 32) AIR 1997 SC 699
 Neeraj Choudhary v. State of Madhya Pradesh, AIR 1984 SC1099
 Nirmala Rani v. State of Tamil Nadu, [2003 (109) CrLj 3108 (Mad)]
 Prajawala v. Union of India, 2006(9) SCALE 531
 PanchananPadhi vs. the State of Orissa Orissa High Court, BailNo.2612 of 2020,
On, 29 June 2020
 Prerana vs. State of Maharashtra and Others, writ petition No. 788 of 2002
 People’s Union for Democratic Rights v. Union of India, (1982) 3 SCC 235
 The public at Large vs, State of Maharashtra and Others, [1997 (4) Bom CP 171
 Prerana vs, State of Maharashtra and Others, (2003) 2Mah Lj 105
 Public Union for Civil Liberties V. State of Tamil Nadu and others, (2013)1 SCC
585
 PUCL v. Union of India, 1998(8) SCC 485
 Savera and Others vs. State of Goa and Others, writ petition No. 365 of 1997
 Smt. Ram Devi v. State and Others, 1963 ALL LJ 894
 State of Maharashtra vs. Dr Praful B. Desai, 2003 4 SCC 601
 Susanna Kispotta v. State of Jharkhand and Others. WP 6823/2011
 Swayam SeviSansthan v. State of U.P., (2009) 15 SCC 75
 The Public At Large v. State of Maharashtra and Others, W.P. No.112 of 1996
 Vishakha& Others v. the State of Rajasthan, (1997) 6SCC
 Vishal Jeet vs. Union of India and Others, (1990) 3 SCC 318

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Andhra University, Visakhapatnam