HUMAN TRAFFICKING AND THE EFFICACY OF ANTITRAFFICKING LAWS IN SOUTH ASIA: A 2023–24 PERSPECTIVE
Abstract
Human trafficking remains one of the gravest human rights violations of the twenty-first century,
undermining national sovereignty, social justice, and global governance. Despite significant progress in
lawmaking, international cooperation, and judicial awareness, the problem continues to evolve in scale and
sophistication, particularly across South Asia. The subcontinent—comprising India, Bangladesh, Nepal, Sri
Lanka, Bhutan, Pakistan, and the Maldives—has emerged as both a source and transit region for trafficking
in persons. Poverty, conflict, migration, and gender inequality create fertile ground for traffickers who exploit
gaps in law enforcement, weak border management, and social vulnerability. This research paper examines
the efficacy of anti-trafficking laws in South Asia, focusing on developments during 2023–24, a period
marked by renewed regional collaboration and the aftermath of the COVID-19 socio-economic crisis. The
study seeks to assess how legal frameworks have responded to contemporary trafficking dynamics, including
online recruitment, organ trade, and cross-border exploitation, while analysing the structural, institutional,
and judicial challenges that impede implementation.
The central hypothesis guiding this research is that although South Asia has developed extensive antitrafficking
legislation and ratified international conventions, the effectiveness of these laws remains limited
by systemic weaknesses such as corruption, inadequate victim protection, and inconsistent regional
cooperation. Post-2023, the legal response to trafficking has begun shifting from punitive enforcement to
victim-centric and preventive strategies, influenced by global frameworks like the UN Palermo Protocol
(2000) and Sustainable Development Goal 16.2 (“End trafficking and all forms of violence against
children”). Empirical data drawn from UNODC, SAARC, and national crime records indicate that the
pandemic-induced economic disruption intensified vulnerabilities, particularly among women and children.
In India alone, trafficking cases rose by nearly 35 percent in 2023 compared to 2021, with 77 percent of
victims identified as women or minors. Similar trends are evident in Bangladesh and Nepal, where border
restrictions initially reduced trafficking movement but later led to digital forms of recruitment and
exploitation through online platforms.
undermining national sovereignty, social justice, and global governance. Despite significant progress in
lawmaking, international cooperation, and judicial awareness, the problem continues to evolve in scale and
sophistication, particularly across South Asia. The subcontinent—comprising India, Bangladesh, Nepal, Sri
Lanka, Bhutan, Pakistan, and the Maldives—has emerged as both a source and transit region for trafficking
in persons. Poverty, conflict, migration, and gender inequality create fertile ground for traffickers who exploit
gaps in law enforcement, weak border management, and social vulnerability. This research paper examines
the efficacy of anti-trafficking laws in South Asia, focusing on developments during 2023–24, a period
marked by renewed regional collaboration and the aftermath of the COVID-19 socio-economic crisis. The
study seeks to assess how legal frameworks have responded to contemporary trafficking dynamics, including
online recruitment, organ trade, and cross-border exploitation, while analysing the structural, institutional,
and judicial challenges that impede implementation.
The central hypothesis guiding this research is that although South Asia has developed extensive antitrafficking
legislation and ratified international conventions, the effectiveness of these laws remains limited
by systemic weaknesses such as corruption, inadequate victim protection, and inconsistent regional
cooperation. Post-2023, the legal response to trafficking has begun shifting from punitive enforcement to
victim-centric and preventive strategies, influenced by global frameworks like the UN Palermo Protocol
(2000) and Sustainable Development Goal 16.2 (“End trafficking and all forms of violence against
children”). Empirical data drawn from UNODC, SAARC, and national crime records indicate that the
pandemic-induced economic disruption intensified vulnerabilities, particularly among women and children.
In India alone, trafficking cases rose by nearly 35 percent in 2023 compared to 2021, with 77 percent of
victims identified as women or minors. Similar trends are evident in Bangladesh and Nepal, where border
restrictions initially reduced trafficking movement but later led to digital forms of recruitment and
exploitation through online platforms.