New Delhi: Asking the states and union territories to intensify enforcement against human trafficking, the Union Home Ministry has told authorities to ensure identification protocols followed by law enforcement agencies are broad enough to cover “all genders and every industry vulnerable to exploitation”.
It also urged investigators to use Section 111 of the Bharatiya Nyaya Sanhita to pursue organised trafficking networks, including their financiers and “kingpins,” and said action should not be confined to lower-level participants.
In an advisory on ‘Countering Trafficking in Persons’ issued to States and Union Territories, MHA’s Women Safety Wing said the advanced legal architecture provided after the successful adoption of the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023, augmented by digital tools, provides the precision required to dismantle networks of exploitation.
It also warned that public servants could face criminal and departmental action for failing to follow prescribed procedures in trafficking cases.
Under one of the guidelines on “Universal Victim Identification and Protection Protocols”, the Ministry specified that “to ensure no victim is overlooked, identification protocols must be broad enough to cover all genders and every industry vulnerable to exploitation”.
Emphasising that labour trafficking in sectors such as brick kilns, stone quarries, and unregulated manufacturing often remains under-reported, the Ministry asked the States and UTs to include “men and boys” in identification protocols.
“States must conduct regular, unannounced inspections in these high-risk industries. Field personnel and labour inspectors must be specifically trained to identify victims of exploitation, including men and boys, who are often overlooked in traditional trafficking narratives,” it said.
The Ministry said state police and labour departments must leverage national databases such as CCTNS/Cri-MAC to map high-risk migration routes and trafficking hotspots.
Underlining the guidelines for “guidance and strict compliance”, the Ministry said it is essential that the instructions contained in this advisory are effectively disseminated to all field-level officers, including those at the police station level.
“While the Union government has provided a comprehensive statutory and digital roadmap, the functional success of these reforms is dependent on the decisive leadership of States and Union Territories, and the efficiency and rigour with which these tools are used by them,” it said.
The Ministry called on state administrations to ensure that Anti-Human Trafficking Units are fully staffed and actively engaged in investigations rather than existing only on paper.
It also warned that public servants could face criminal and departmental action for failing to follow prescribed procedures in trafficking cases.
Under Section 199(c) of the Bharatiya Nyaya Sanhita, a public servant who fails to record information relating to certain cognizable offences, including trafficking offences covered by Sections 143 and 144, can face at least six months in prison, up to two years, and a fine, it said.
“Action must not be limited to low-level actors but the law must be used to seize their assets and neutralise the “kingpins” and financiers who operate from the shadows, often in the guise of legitimate business,” it said,
It also directed authorities to seek the highest applicable penalties in trafficking cases, including life imprisonment in cases covered by the relevant provisions, particularly when minors or multiple victims are involved.
The advisory emphasised digital evidence and said investigators must secure encrypted communications, financial transactions, and geolocation data. It says electronic records can be treated as primary evidence under the Bharatiya Sakshya Adhiniyam, subject to its specified conditions.
Searches and seizures connected with trafficking must be recorded through audio-video electronic means, while forensic evidence collection during rescue and raid operations is described as a statutory requirement under the new criminal procedure law.
