India's Legal Framework Against Human Trafficking in the Light of Reformed and Post-Colonial Penal Provisions: A Socio-Legal Perspective and Study.

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Dr. Tamal Gupta, Dr. Joydeb Patra

Abstract

This study critically examines India’s legal framework against human trafficking, analyzing the progress of penal provisions from a socio-legal perspective in the post-colonial period. It highlights the inadequacies and challenges of prevailing laws like the Bharatiya Nyaya Sanhita, 2023, including the Trafficking of Persons (Prevention, Protection, and Rehabilitation) Act of 2018, in effectively addressing the complexities of trafficking. Through case studies and an exploration of judicial interpretations, the research reveals the historical bequests of colonial laws that continue to influence contemporary practices. It further examines the socio-economic factors that contribute to trafficking, accenting the need for a comprehensive approach that integrates victim support, public awareness, and international cooperation. The results advocate for ongoing reforms to enhance legal effectiveness and promote justice for victims while ensuring accountability for offenders.

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