Protocol at the Crossroads: Rethinking Anti-Trafficking Law from an Indian Labor Law Perspective

2015. “Protocol at the Crossroads: Rethinking Anti-Trafficking Law from an Indian labor law perspective,” Anti-Trafficking Review, Special Issue on ‘15 Years of the UN Trafficking Protocol’ Issue 4, 33-55.

King's College London Law School Research Paper No. 2016-18

16 Pages Posted: 11 Apr 2016 Last revised: 29 Apr 2016

See all articles by Prabha Kotiswaran

Prabha Kotiswaran

King's College London – The Dickson Poon School of Law

Date Written: June 8, 2015

Abstract

As we approach the fifteenth anniversary of the United Nations Trafficking Protocol, we can discern several phases of its diffusion, materialisation and interpretation in domestic criminal law regimes across the world. Although not exclusively preoccupied with sex work and sex trafficking anymore, the fact remains that the inordinate attention on trafficking in Western industrialised economies is disproportionate to the extent of the problem. Only 7% of the world’s 20.9 million forced labourers are in developed economies while 56% are in Asia Pacific. Yet in BRIC countries like India, with a substantial majority of the world’s trafficked victims and where 90% of all trafficking is domestic, trafficking has gained policy resonance only relatively recently. Even as India remains an active site for sexual humanitarianism with international and local abolitionist groups actively targeting sex workers, the article argues that less developed countries like India can play a crucial role in reorienting international anti-trafficking law and policy. Towards that goal, this article offers India’s bonded, contract and migrant labour laws as a robust labour law model against trafficking in contrast to the criminal justice model propagated by the Trafficking Protocol worldwide.

Suggested Citation

Kotiswaran, Prabha, Protocol at the Crossroads: Rethinking Anti-Trafficking Law from an Indian Labor Law Perspective (June 8, 2015). 2015. “Protocol at the Crossroads: Rethinking Anti-Trafficking Law from an Indian labor law perspective,” Anti-Trafficking Review, Special Issue on ‘15 Years of the UN Trafficking Protocol’ Issue 4, 33-55., King's College London Law School Research Paper No. 2016-18, Available at SSRN: https://ssrn.com/abstract=2761098

Prabha Kotiswaran (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

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00442078482449 (Phone)

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