CYBER TRAFFICKING OF CHILDREN IN INDIA: EMERGING LEGAL CHALLENGES AND THE NEED FOR REFORM

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THE LAWWAY WITH LAWYERS JOURNAL 

VOLUME:-20 ISSUE NO:- 20 , MARCH 14, 2025

 ISSN (ONLINE):- 2584-1106 

Website: www.the lawway with lawyers.com 

Email: thelawwaywithelawyers@gmail.com 

Authored By :- Deepshikha Kumari

 

CYBER TRAFFICKING OF CHILDREN IN INDIA: EMERGING LEGAL CHALLENGES AND THE NEED FOR REFORM

 

 ABSTRACT

Child traffickers now use digital channels to recruit, entice, and exploit youngsters, going beyond more conventional approaches.  New legal and enforcement issues are brought about by the growth of cyber trafficking in India, particularly through social media, messaging applications, and the dark web.  The IPC, IT Act, POCSO, and ITPA are among the Indian laws that deal with trafficking and cybercrime individually, but there is a clear dearth of comprehensive legislation that specifically addresses online child trafficking.  In this article, current legislative frameworks are critically analyzed, enforcement loopholes are highlighted, and growing trends of child trafficking in India are examined.  It makes the case for victim-centered reforms, improved digital policing, and a more integrated legal strategy to counteract this changing crime. In order to improve India’s response to this contemporary type of trafficking, the paper makes legal and policy recommendations based on recent case studies and international best practices.

Keywords: Cyber Trafficking, Child Trafficking, Online Exploitation, Digital Platforms, Legal Challenges, Law Reform.

 

INTRODUCTION

In India, child trafficking is a serious problem as children are used for forced labor, sexual exploitation, and the trade in organs, among other things.  An estimated amount of children in India are at risk of human trafficking as a result of social inequality, poverty, and illiteracy. 

Digital technology’s quick development has changed how people interact, communicate, and obtain information. Regrettably, the digital revolution has also opened up new channels for illegal activity, such as the horrible crime of child trafficking. Child trafficking is a contemporary kind of exploitation that has become a serious problem in India. Traffickers utilize the anonymity and accessibility of the internet to entice, coerce, and torture children.

Children’s vulnerability in the digital age is a serious issue since they frequently don’t realize the dangers of interacting with people online. Traffickers exploit this weakness by targeting and abusing youngsters using messaging apps, social media sites, and other internet resources. Such exploitation has terrible repercussions, leaving victims with severe psychological damage and chronic suffering. 

The Indian legal system finds it difficult to keep up with the changing nature of cyber trafficking, even with legislation like the Protection of Children from Sexual Offences (POCSO) Act, the Information Technology (IT) Act, and the Immoral Traffic (Prevention) Act (ITPA) in place. For law enforcement organizations and legislators, the absence of unified legislation that addresses internet child trafficking presents serious obstacles.

To find the loopholes in enforcement and prosecution, this study will critically examine the current legislative frameworks and investigate the new trends of child trafficking in India. This research will make the case for a more comprehensive and victim-centered strategy to combat cyber trafficking by referencing recent case studies and worldwide best practices. It will also provide recommendations for legislative and regulatory changes to improve India’s response to this contemporary form of exploitation.

1.1 Background 

India’s quick digitalization has produced many advantages, such as better connection and simpler access to services and education. Nevertheless, it has also opened up new channels for illegal activity, the most alarming of which is child trafficking via the internet. Due to the widespread usage of cell phones, encrypted messaging applications, and dark web platforms, child traffickers are now able to take advantage of minors for forced labor, sexual abuse, and illicit adoptions without ever having to come into physical contact. India, one of the digital economies with the quickest rate of growth, has particular difficulties in regulating cyber activity since technology is developing faster than the law. Although traditional trafficking has long been acknowledged and dealt with by legal systems, cyber trafficking is still a developing concern that is frequently undetectable and challenging to track down.

1.2 Research Problem and Significance

The current legal framework in India lacks specific provisions and a coherent strategy to effectively combat cyber trafficking of children, despite having laws such as the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Information Technology Act, 2000, and sections of the Indian Penal Code. The lack of comprehensive legal tools and efficient enforcement systems that can handle the internet aspects of trafficking is the research challenge. This study is important because there is a pressing need to shield children who are at risk from this anonymous, cross-border crime. India runs the risk of becoming a haven for cyber trafficking networks that continue to elude capture and punishment in the absence of prompt legal reforms.

1.3 Objectives and Scope of the Study

  • To examine current child trafficking trends and patterns in India, including victim demographics and trafficker tactics.
  • To look at the increase in cyber cyber trafficking, examining how technology makes it easier to take advantage of weaker people and the consequences for law enforcement.3. 
  • To evaluate how well India’s current legal and policy frameworks are working to prevent child and cyber trafficking.
  • To determine the socioeconomic elements that make children more susceptible to human trafficking, especially when poverty and illiteracy are present.
  • To offer suggestions for enhancing victim assistance programs, preventative tactics, and law enforcement’s anti-trafficking initiatives.

The study’s scope will include both child and cyber trafficking, with an emphasis on the Indian context and similarities to worldwide patterns.  It will entail a thorough examination of the body of existing research, case study analysis, and stakeholder interviews with survivors, NGOs, and law enforcement.  The study intends to offer a comprehensive viewpoint on the difficulties and prospects for intervention in this crucial sector by covering both the established and new facets of trafficking.

2 Understanding Cyber Trafficking of Children

2.1 Definition and Forms of Cyber Trafficking

Cyber trafficking of children refers to the exploitation and recruitment of children for illegal purposes through digital means, including the internet, social media, dark web, and messaging platforms. Unlike traditional trafficking, where physical movement is often involved, cyber trafficking can occur without the child ever leaving their home—making it harder to detect and prevent.

Online child sexual exploitation (OCSE), which includes the sale of exploitative content, live-streaming abuse, and child pornography, is one type of cyber cyber trafficking.

Grooming and Recruitment: Criminals frequently make internet friends with kids, earning their trust over time before forcing or tricking them into engaging in abusive behavior. 

Sex tortion and cyber blackmail: Using graphic pictures or videos, children are blackmailed, which frequently results in ongoing abuse. Using social media or the internet to “advertise” minors for adoption, labor, or sexual exploitation is known as “online sale or trade.” Dark Web Marketplaces: Websites that use encrypted communication and crypto currencies to enable anonymous trafficking activities.

2.2 Emerging Patterns and Trends

Cyber trafficking instances are on the rise, according to recent studies, as children have greater access to digital gadgets and the internet.  To win their victims’ trust, traffickers are adopting increasingly complex strategies, like fabricating identities and social engineering.  Children are spending more time online as a result of the COVID-19 epidemic, which has also sped up the transition to online interactions and increased cyber exploitation.  Law enforcement efforts are further complicated by the anonymity of the internet, which makes it difficult to trace down and capture criminals. The techniques traffickers employ change along with technology.  Among the new trends seen in India and around the world are Use of Encrypted Platforms: To get around police monitoring, people are increasingly turning to apps like Signal, WhatsApp, and Telegram. Abuse live-streaming: An increasingly popular practice in which criminals pay to use a webcam to broadcast abuse in real time. Gamified Luring: Children are being manipulated and befriended through online chat rooms and games, sometimes using false identities. Cross-border Cooperation: Trafficking organizations frequently use middlemen in several nations to do their business. Use of Deepfakes. Artificial Intelligence: New dangers include the alteration of children’s photos and videos to produce offensive and non-consensual content.

2.3 Impact on Children and Society

Cyber trafficking has a significant and complex effect on children.  PTSD, anxiety, and despair are among the severe psychological traumas that victims frequently endure.  Their education, social connections, and general well-being may all be impacted in the long run by the exploitation.  Cyber trafficking erodes community safety and trust, hence sustaining cycles of exploitation and violence on a societal level.  Law enforcement and social agencies are also heavily burdened, underscoring the urgent need for all-encompassing approaches to counter this escalating menace.

3 Legal Framework in India

3.1 Constitutional and Statutory Provisions

  • To prevent child exploitation, including cyber trafficking, the Indian legal system offers a number of legislative protections and constitutional rights.

Provisions of  Constitution:

  • The state is permitted to create specific accommodations for children under Article 15(3).
  • Article 21: Protects the right to personal liberty and life, including the right to be free from exploitation. 
  • The state is directed by Article 39(e) and (f) to prevent child abuse and to safeguard childhood and youth from exploitation and moral desertion.

Statutory Provisions:

  • Sections 13 to 15 of the Protection of Children from Sexual Offenses (POCSO) Act, 2012, make it illegal to store or transmit child pornography. Offers kid-friendly processes and special courts.
  • Section 67B of the Information Technology Act of 2000: This section penalizes the publication, viewing, or transmission of content that shows youngsters engaging in sexually explicit behavior .Does not contain explicit provisions against cyber trafficking or grooming.
  • Section 370 of the Indian Penal Code, 1860, defines trafficking and lays out the penalties for it.
  • Sections 372–373: Penalize the sale or purchase of minors for the purpose of prostitution.
  • Obscene publications are punished under Section 292, which may also apply to internet content.

3.2 Enforcement Mechanisms and Agencies

  • Reports on cybercrime against children are kept up to date by the National Crime Records Bureau (NCRB). 
  • Central Bureau of Investigation (CBI): Through its Anti-Human Trafficking Unit, the CBI handles high-profile or interstate cases.
  • State police departments have Cyber Crime Investigation Cells, although they sometimes lack funding and specialized training. 
  • Child Welfare Committees (CWCs): tasked with supervising the safety and care of rescued children in accordance with the Juvenile Justice Act.

3.3 Judicial Response and Landmark Cases

Kamlesh Vaswani v. Union of India (2013)

W.P. (Civil) No. 177 of 2013 | Supreme Court of India

The petitioner in this public interest lawsuit argued that pornography, particularly child pornography, should be completely prohibited in India due to its detrimental impacts on children and society.  Because of privacy considerations, the Supreme Court declined to outright ban adult pornography, but it did take child pornography seriously.  It instructed the government to bolster cyber laws and enforcement and block websites that host such unlawful content.

This case raised awareness of online child sexual abuse material (CSAM) and the necessity for more robust internet regulation and legislative changes across the country.

In Re: Children in Street Situations,

The Supreme Court took suo motu cognizance of the growing susceptibility of street children to abuse, trafficking, and exploitation, particularly online exploitation, during the COVID-19 pandemic.  Under the 2015 Juvenile Justice (Care and Protection of Children) Act, the Court ordered all States and Union Territories to identify these children and make sure they were cared for, protected, and rehabilitated.

 For real-time tracking and monitoring of children in need of care, use the Bal Swaraj Portal (NCPCR).

 Provide street children with refuge, education, and rehabilitation.

 During the epidemic, avoid physical and cyber exploitation.

 Significance: This case reaffirmed the government’s obligation to keep an eye on children who are at risk and shield them from online abuse and trafficking, particularly in times of crisis like the epidemic.

Shreya Singhal v. Union of India (2015)

Writ Petition (Criminal) No. 167 of 2012 | Supreme Court of India

This landmark case challenged the constitutional validity of Section 66A of the Information Technology Act, 2000, which criminalized sending “offensive” messages through communication services.

The Supreme Court ruled that Section 66A was unconstitutional due to its arbitrary, ambiguous, and overbroad provisions. Additionally, the Court maintained Section 69A, which permits the government to restrict websites to maintain public order or to stop content that depicts child sexual assault. The case explained and reinforced the government’s authority to restrict damaging websites, such as those that host child pornography or trafficking networks, even if it was about freedom of speech. It reaffirmed the need for balanced cyber regulation:  preserving free expression while permitting focused action to combat internet abuse

By providing judicial backing for Section 69A, the case indirectly strengthened the fight against CSAM and trafficking platforms while simultaneously promoting digital freedom and legitimizing action against cyber risks, particularly content associated with child abuse and trafficking.

3.4 Challenges in the Legal Framework

  • Lack of Specificity: Child trafficking online is not specifically defined or made a crime by any one law.
  • Fragmented Laws: When provisions from different laws overlap, it leads to misunderstandings and delays in the legal process.
  • Why Low Conviction Rates: Because of little training, poor coordination, and shaky digital evidence.
  • Jurisdictional Issues: Particularly when foreign servers, websites, or offenders are involved.

 

  1. International Perspectives and Best Practices

4.1 Global Response to Cyber Trafficking

The global response to cyber trafficking has seen increased collaboration among countries, NGOs, and international organizations. Efforts include sharing intelligence, developing joint task forces, and enhancing training for law enforcement personnel to identify and respond to cyber trafficking cases effectively. Countries are also working to raise public awareness about the risks associated with online interactions, aiming to educate both children and parents on how to protect against exploitation.

4.2 International Laws and Conventions

  • A foundation for combating cyber trafficking and defending children’s rights is offered by a number of international legal instruments:
  • The 1989 UNCRC, or United Nations Convention on the Rights of the Child. Acknowledges the right of children to be shielded against exploitation in all its manifestations. Demands that state parties take action to prevent child abduction, trafficking, and sale.
  • The UNCRC’s optional protocol on child pornography, child prostitution, and child sales (2000) Specifically targets charges related to the use of technology and child sexual exploitation. Pushes nations to make internet solicitation, grooming, and the dissemination of exploitative content illegal.
  • The first international agreement addressing computer and internet crime is the Convention on Cybercrime (also known as the Budapest Convention), which was signed in 2001. It offers a foundation for international collaboration in the fight against cybercrimes, including child pornography. India has limited access to transnational investigative tools because it is not a signatory.
  • Convention No. 182 of the International Labour Organization (ILO) The worst types of child labor, such as trafficking and sexual exploitation, are the main focus.
  • Global Alliance Against Child Sexual Abuse Online: This coalition of more than 50 nations works to stop the sexual exploitation of children online and supports victim identification, law enforcement collaborations, and international awareness initiatives.

4.3 Successful Strategies and Initiatives

  • Many nations have created strong frameworks and creative strategies to fight cybertrafficking. The US has two laws that explicitly address online exploitation: the PROTECT Act and the Trafficking Victims Protection Act (TVPA).Close cooperation with private tech companies for real-time data sharing and content removal; The FBI’s Innocent Images National Initiative (IINI) employs cyber forensics extensively to target online predators.
  • The European Union: In order to protect children’s data privacy and digital safety, the EU Directive 2011/93/EU requires member states to make it illegal to groom, possess, or distribute CSEM online. It also runs INHOPE, a global hotline network for reporting unlawful content, and integrates GDPR.
  • Australia has rules for required data retention by ISPs to aid in investigations, and it runs the Australian Centre to Counter Child Exploitation (ACCCE), which employs a multidisciplinary methodology combining law enforcement, medical professionals, and tech experts.
  • Despite having a high rate of internet abuse, the Philippines has responded with a robust Cybercrime Prevention Act and kid-friendly reporting channels. effective cooperation in victim rescue and prosecution with global NGOs such as IJM (International Justice Mission).

5 Analysis and Findings

5.1 Case Studies and Empirical Evidence

Operation Blackface (India, 2021) is the first case study.

 An international child pornography ring involving Indian citizens was busted by Indian law enforcement agencies working with Interpol in this investigation.  The traffickers disseminated exploitative content via cloud-based storage and social media.  The case exposed insufficient international cooperation channels, jurisdictional barriers, and notable delays in digital forensics.

Case Study 2: Using Instagram for Online Grooming (Delhi NCR, 2022)

 A phony profile posing as a modeling agency groomed and forced a young girl into providing graphic photos.  In addition to highlighting the importance of educators, this case—which was reported by the girl’s school counselor—also revealed lax platform content filtering and a tardy response from service providers to demands from law enforcement.

  • Empirical Information

 Cybercrimes against children increased by more than 250% between 2019 and 2023, according to NCRB (2023).

 The conviction rate for cases involving internet sexual assault and trafficking was only 10%.

 In India, there are fewer than 15 states possess cybercrime sections that specialize in children.

 These incidents and data demonstrate the growing complexity of cybertrafficking as well as the gradual development of the legal and investigative frameworks.

5.2 Stakeholder Perspectives

  • Officials in Law Enforcement

 Mention issues such as low staff-to-case ratios, inadequate cybercrime training, and a lack of digital infrastructure.

 Report that privacy regulations and the absence of bilateral treaties make it harder to access data from foreign digital platforms.

 

  • NGOs and Advocates for Children’s Rights

 Stress the importance of school-based initiatives and community awareness.

 Draw attention to a serious lack of victim rehabilitation programs, particularly for kids who are abused online and frequently endure silent suffering.

 Encourage more public-private cooperation to aid in early detection and rescue.

  • Legal and Cyber security Professionals

 Draw attention to the fact that Indian cyber laws are disjointed and lack a single clause that addresses child trafficking.

 To expedite prosecution and guarantee justice, support the creation of specialist fast-track courts and agreements for cross-border collaboration.

 Stress the significance of adding phrases like “grooming,” “sextortion,” and “deepfake exploitation” to legal definitions.

5.3 Identifying Gaps and Areas for Improvement

  • Gaps in the law no specific legislation against cyber trafficking. Unsuitable penalties and antiquated definitions for crimes involving kids that are assisted by technology. Live-streamed abuse and bitcoin transactions are examples of more recent techniques that are not taken into consideration by the POCSO and IT Act.
  • Gaps in Enforcement and Investigations limited capacity for cyber forensics in numerous states. The national law enforcement agencies and state cyber teams do not coordinate well.  limited availability of digital platforms’ real-time data.
  • Procedural and Judicial Delays overworked courts and judges who are not well-versed on the subtleties of cybercrime.  Because of insensitive procedures, victims frequently experience re-traumatization throughout trials.
  • Deficit in Prevention and Education absence of organized community or school-level awareness efforts. Children, parents, and teachers are frequently ignorant of online dangers and how to report them.

 Victim support and rehabilitation There are few government-funded rehabilitation facilities for kids who have been trafficked online. Services for psychological counseling are either underutilized or absent.

6 Recommendations and Reforms

6.1 Proposed Legal and Policy Reforms

  • Adopt a Comprehensive Law Against Cyber trafficking

 Laws that particularly target child trafficking online are desperately needed.  This law ought to: Clearly define sextortion, deepfake exploitation, online grooming, and cyber trafficking. Establish comprehensive procedural rules for inquiry, digital evidence collecting, and cross-border collaboration; Toughen penalties for online facilitators, intermediaries, and tech platform carelessness.

  • Modify Current Laws

The IT Act has to be amended to include clauses on real-time monitoring, platform liability, and child safety requirements; the POCSO Act should be changed to specifically include grooming, live streaming abuse, and online luring. Revise IPC sections to allow for tech-specific interpretation and stiffen punishments for repeat online offenders.

  • Present Frameworks for Data Sharing and Protection

 Pass a thorough data protection law that includes extra safeguards for minors. Require tech companies and social media to proactively report content linked to child trafficking and assist with investigations.

6.2 Enhancing Digital Policing and Investigation

  • Create Cyber Units with Specialization

 Under the cybercrime police, each state should create a special cyber trafficking section with staff skilled in digital forensics and child safety. These units should be outfitted with the means to trace crypto currency payments, employ AI-based detection, and look into dark web activity.

  • Encourage cross-border and inter-agency cooperation

 Establish an inter ministerial task force comprising the Ministry of Home Affairs, Law, IT, and Women and Child Development. Participate in international initiatives such as the Budapest Convention and strengthen international collaboration through MLATs (Mutual Legal Assistance Treaties).

  • Public-Private Collaborations

 Work together to develop automatic detection methods with IT firms like Microsoft, Meta, and Google. Promote collaborative training sessions, real-time child sexual exploitation material (CSEM) flagging, and quick removal procedures.

 

6.3 Strengthening Victim Support and Rehabilitation

  • Legal and Psychological Assistance for Children
  • Create kid-friendly reporting websites and one-stop resources for medical, legal, and psychological support. Assure long-term rehabilitation services and assign qualified child counselors to each district-level Child Welfare Committee (CWC).
  • Programs for Reintegrating
  • Create organized programs for rescued children’s social reintegration, career training, and continuation of their education. Collaborate with community organizations and NGOs to guarantee life skills training, mentorship, and post-rescue assistance.
  • Campaigns for Education and Awareness
  • Start national programs to educate parents, teachers, and students on safe internet usage.
  • Make courses on digital safety required in school curricula.
  • Provide mobile apps and help lines so that kids can easily and discreetly report issues.

 

7 Conclusion  

The concerning increase in child trafficking in India, which is made possible by internet platforms, is highlighted by the analysis of this crime.  Important conclusions show that the complexity of online exploitation cannot be adequately addressed by the legal systems now in place.  Reforms that strengthen victim assistance networks and the capacity of law enforcement are desperately needed.  There are important ramifications for practice and policy.  Creating comprehensive legislation that explicitly address cyber trafficking and improving law enforcement training must be top priorities for policymakers. To develop a strong response to this issue, cooperation between governmental institutions, non-governmental organizations, and community groups is crucial.  Future studies should concentrate on comprehending how traffickers’ strategies are changing and how successful the current interventions are.  Implementing the suggested regulations, raising public awareness of the risks of cyber trafficking, and encouraging a culture of alertness and protection for kids in the digital era should be the main goals of action.  In order to create laws that successfully stop and prevent child trafficking online, lobbying and study must continue.

References

Case Laws

  • Kamlesh Vaswani v. Union of India, W.P. (Civil) No. 177 of 2013, Supreme Court of India. https://indiankanoon.org/doc/146597737/ 
  • In Re: Children in Street Situations, Suo Motu W.P. (Civil) No. 4 of 2020, Supreme Court of India.
  • Shreya Singhal v. Union of India, W.P. (Criminal) No. 167 of 2012, Supreme Court of India.

Statutes and Conventions

Reports and Policy Documents

  • Ministry of Home Affairs, Government of India. (2020). Advisory on Preventing and Combating Cybercrime Against Children. https://www.mha.gov.in/
  • National Crime Records Bureau (NCRB). Crime in India Reports (latest editions).  https://ncrb.gov.in/
  • UNICEF India. (2021). Online Child Sexual Exploitation and Abuse (OCSEA) in India: Risk and Response. https://www.unicef.org/india/ 
  • National Commission for Protection of Child Rights (NCPCR). (2020). Guidelines for the Care and Protection of Children in Street Situations. https://ncpcr.gov.in/

Books and Articles

 

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