Overview
As the second most populous country in the world, India has the highest estimated total number of people living in modern slavery globally, and the sixth highest prevalence in the Asia Pacific region. Vulnerability is driven by conflict, climate change, gender discrimination, and marginalisation of minority groups, including the LGBTQI+ community, ‘lower’ castes, and religious minorities. Since the 2018 Global Slavery Index (GSI), the government has taken some action to improve its response to modern slavery, including through strengthening the capacity of Anti-Human Trafficking Units (AHTUs),1 and efforts to enhance coordination among government, civil society, media, and other stakeholders to address modern slavery.2 However, significant gaps in the response remain. The government should strengthen efforts to tackle underlying drivers of modern slavery, to identify, investigate, and prosecute modern slavery crimes, and to ensure the provision of support and compensation to survivors.
Prevalence
The 2023 GSI estimates that on any given day in 2021, there were 11 million people living in modern slavery in India, the highest number of any country. This equates to a prevalence of eight people in modern slavery for every thousand people in India, ranking sixth out of 27 countries in Asia and the Pacific and 34th out of 160 countries globally. Our estimate does not capture trafficking for the purpose of organ removal or the use of children in armed conflict, however there is evidence this occurs in India.3 This figure is best understood as a conservative estimate of the number of people in modern slavery in India.
Forced labour
Forced labour exploitation
Trafficking for forced labour was the most common form of trafficking identified by the Indian government in 2021 (n=2,704).4 Forced labour often involves debt bondage (or bonded labour), whereby people are forced to work to repay loans either taken on to pay recruitment fees, falsified by unscrupulous employers, or inherited from relatives. While in some cases these agreements appear to be entered into willingly, they are often maintained by sharp power imbalances between employers and employees, the threat or use of force, and the high, often hidden costs associated with exiting the agreement.5 For example, interviews with sandstone miners in Rajasthan in 2020 found that seasonal workers were forced to work to repay debts acquired through accepting advance wages to supplement their income during the off-season.6 Similar cases were reported in the manufacturing of garments,7 textiles,8 and silk,9 agriculture,10 brickmaking,11 tea production,12 and illegal mica mining.13
The situation worsened for many workers during the COVID-19 pandemic. For example, reports emerged of children being forced to make bangles without pay under threats of physical abuse, after being lured with false promises of a decent salary.14 Some adults were similarly lured into domestic servitude by traffickers who promised well-paid factory work to reduce financial distress caused by the pandemic.15
Forced commercial sexual exploitation (FCSE) of adults
Trafficking for sexual exploitation was the second most common form of trafficking identified by the government in 2021 (n=2,049),16 predominantly in Maharashtra (n=856) and Telangana (n=584), however the number of cases involving adults and/or children was not reported. FCSE occurs in both registered and unregistered commercial sex establishments, entertainment venues, massage parlours, hotels, and private residences across India.17 During the pandemic, both sex workers and those in FCSE reported facing greater stigma and violence.18 Financial hardship led many to take on loans from employers and traffickers, increasing risk of debt bondage.19
Commercial sexual exploitation of children (CSEC)
CSEC occurs in India’s commercial sex industry, both in public establishments such as bars, and in private settings through clandestine networks. A 2018 study identified CSEC in public and private settings in Kolkata and Mumbai, with children citing poverty, lack of job opportunities, false promises of work, the need to support family, absence of care, or being sold by family members as reasons for being in the commercial sex trade.20 The trade was found to be primarily locally driven, with most customers, exploiters, sex workers, and children in exploitation being Indian.21 Anecdotal evidence exists of parents in Bachhada, Bedia, and Khanjar placing their daughters in CSEC as young as 13 to support the family’s survival.22 This has reportedly led to the trafficking of newborn girls from other parts of India as a source of future income for families.23
CSEC is also driven by demand for sex tourism in destinations such as Goa and Kerala, where it occurs in hotels, casinos, yoga centres, and house boats.24 A 2020 study found that foreign tourists in Goa are increasingly using the Internet and social media to contact children while maintaining anonymity.25 The rise of ‘voluntourism’ has led to foreign travellers gaining access to vulnerable children under the guise of volunteering.26 CSEC is additionally fuelled by traditional practices such as Joginis, or Devadasi, which involves the marriage of ‘lower’ caste adolescent girls to Hindu deities, leading to sexual exploitation by priests and temple patrons.27 Despite being criminalised in 1988, the practice persists in southern India.28
Forced marriage
In 2021, the government identified 182 victims of trafficking for forced marriage.29 While no public data exists on forced marriage rates in India, in 2022, estimates showed that 23 per cent of women aged 20 to 24 years were married under the age of 18.30 While child marriage rates have declined since the introduction of the Prohibition of Child Marriage Act 2006,31 India remained home to 216 million women and girls who were married as children – the largest number globally.32
Organ trafficking
While information is limited, reports suggest trafficking for the purpose of organ removal is driven by significant global demand for organs, with financially vulnerable people targeted via social media,33 or recruited from their communities through false promises of work.34 Between 2019 and 2021, the Indian government reported 10 cases of trafficking for the purpose of organ removal.35
Use of children in armed conflict
In 2022, the United Nations verified 18 cases of recruitment of boys by non-state armed groups in Jammu and Kashmir,36 where hostilities over territorial disputes have been ongoing for several decades and intensified in 2019.37 According to the United States (US) Department of Labor, children as young as 14 were used in direct hostilities against security forces in the region.38 Further, the US Department of State reported that non-state armed groups in Chhattisgarh and Jharkhand recruited children for cooking, portering, spying, handling weapons and improvised explosive devices, and in some cases, use as human shields.39
Imports at risk of modern slavery
India is not only affected by modern slavery within its borders: as one of the world’s largest economies, India – like other G20 countries – is also exposed to exploitation through the products it imports. Nearly two-thirds of all forced labour cases are linked to global supply chains, with workers exploited across a wide range of sectors and at every stage of the supply chain. Most forced labour occurs in the lowest tiers of supply chains; that is, in the extraction of raw materials and in production stages.40 Given the G20’s level of influence in the global economy, it is critical to examine their imports at risk of forced labour and efforts to address this risk. India imports US$23.6 billion products at risk of being made using forced labour annually. Table 1 below highlights the top five most valuable products (according to US$ value per annum) imported by India that are at risk of being produced under conditions of modern slavery.
Table 1: Imports of products at risk of modern slavery to India
Product at risk of modern slavery | Import value(in billions of US$) | Source countries |
Electronics | 7.8 | China, Malaysia |
Palm Oil | 7.6 | Malaysia, Indonesia |
Solar Panels | 3.8 | China |
Gold | 3.1 | Peru, Burkina Faso |
Garments | 1.3 | China, Bangladesh, Vietnam, Malaysia, Brazil |
Vulnerability
Governance issues | Lack of basic needs | Inequality | Disenfranchised groups | Effects of conflict | Overall weighted average |
46/100 | 48/100 | 40/100 | 55/100 | 80/100 | 56/100 |
Being home to over 1.4 billion people and a diverse range of ethnic and religious groups, a wide range of factors shape vulnerability to modern slavery in India. While it is difficult to paint a uniform picture of the various drivers of risk across the 36 states and union territories, key factors include the effects of conflict, climate change, and the ongoing marginalisation of minority groups. 41
Conflict between non-state armed groups and security forces in Kashmir and Jammu,42 Maoist insurgencies in the eastern region,43 and intensifying unrest between ethnic groups in the northeast44 continued to fuel violence, insecurity, and displacement. As of December 2022, an estimated 631,000 people were internally displaced by conflict.45 Natural disasters also led to the displacement of approximately 2.5 million in 2022,46 and the impacts of slow-onset events such as drought were found to trigger distress migration.47 In the wake of these crises, individuals are vulnerable to being targeted by traffickers who exploit their lack of access to resources, protection, support networks, and knowledge of migration routes.48 Boys are vulnerable to recruitment into armed conflict,49 while women and girls may be at risk of forced marriage as a means to protect them.50 At the same time, shocks such as drought may reduce child marriage rates due to parents being unable afford dowry51 – a practice that persists despite being prohibited since 1961.52
Caste-based discrimination is a common underlying driver of modern slavery. The hierarchical caste system divides the Hindu population into ‘upper’ and ‘lower’ castes. Historically, lower castes were subject to segregation, oppression, and bonded labour under the caste system, a key element of which was the division of labour.53 The Constitution decreed that no citizen should suffer caste discrimination, and defined Scheduled Castes (Dalits) and Scheduled Tribes (Adivasis) to create policies to address discrimination.54 Yet while the bonded labour system has now been abolished,55 and caste-based discrimination outlawed,56 both have left a legacy of disadvantage, marginalisation, and intergenerational poverty.57 Members of lower castes and ‘Other Backward Classes’ (a grouping that later emerged between upper and lower castes58) continue to disproportionately experience exploitation and bonded labour.59
India is one of the most gender unequal countries in the world, ranking 127 overall out of 146 countries in the 2023 Global Gender Gap Index, and 142 out of 146 in terms of economic participation and opportunity.60 Entrenched patriarchal attitudes and traditional gender roles drive increased vulnerability.61 For example, girls may be married off young to reduce the financial burden on households and avoid dowry costs increasing with age.62 Forced marriage subsequently exposes women and girls to further violence: almost 30 per cent of ever-married women in India have experienced intimate partner violence in their lifetime.63 Men may be more susceptible to trafficking due to unsafe migration, while boys may lack protection from child trafficking.64 The LGBTQI+ community face increased risk of violence and modern slavery due to discrimination, stigma, and shame associated with subverting traditional gender roles. For example, LGBTQI+ individuals report being forced to marry to continue their lineage and protect family honour.65
The informal nature of work represents another key driver of risk. The vast majority of India’s labour force (93 per cent, or 450 million people) are employed in the informal sector – primarily in construction, manufacturing, and services in urban areas, and in agriculture and the handloom industry in rural areas.66 Women and girls comprise 92 per cent of India’s five million domestic workers, many of whom are live-in and 20 per cent are under 14 years old.67 Typically, these workers lack formal contracts,68 fair wages,69 and access to social protections, land ownership, and bank loans, exposing them to loan sharks70 and increasing their risk of debt bondage and forced labour.71 Lack of economic opportunity within the informal sector also drives Indians to migrate overseas for work. Deceptive recruitment practices by fraudulent agents and intermediaries leaves these workers vulnerable to trafficking.72
The impacts of the pandemic amplified pre-existing vulnerabilities. Despite progress to reduce poverty in recent decades, the pandemic caused a temporary increase,73 leaving individuals more vulnerable to exploitation.74 Lockdowns left some workers trapped in slavery-like conditions,75 while migrant workers were forced to walk hundreds of miles home,76 with some resorting to dangerous jobs in exploitative industries such as illegal mica mining.77 Forced marriage reportedly increased in the wake of widespread job losses, school shutdowns, and reduced accessibility to support services.78 Meanwhile, parental deaths caused by the virus reportedly led to illegal adoption of orphaned children79 and cases of children being trafficked through false promises of education or a decent salary.80 Recruitment and incidence of FCSE increasingly moved online during the pandemic,81 hampering efforts to investigate and prevent it.82
Government response
Survivors identified and supported | Criminal justice mechanisms | National and regional level coordination | Risk factors are addressed | Government and business supply chains | Total |
36/100 | 58/100 | 75/100 | 50/100 | 0/100 | 46/100 |
India’s government response rating (46 per cent) is above the regional average. India also outperformed wealthier countries in the region with more resources to tackle the issue, such as Japan and South Korea. Yet, the government is still taking less than half of the actions needed to combat modern slavery. It is worth noting that India’s anti-trafficking efforts are largely mandated and carried out at the state level, while our assessment focuses on the response of the central government.
The central government has established some mechanisms to identify and support survivors. For example, the Central Bureau of Investigation operates a 24/7 hotline for the public to report human trafficking.83 While the Ministry of Women and Child Development (MWCD) also runs a child helpline,84 its operation was shifted from designated NGOs to government services in 2022, leading to concerns children would not turn to it for help.85 The government also runs and funds support services, however funding and oversight were insufficient during the assessment period with reports of poor conditions, abuse, and re-trafficking emerging from shelters.86 Survivors were required to appear before court to gain access to services, and services were not available for adult males, people with disabilities, and people identifying as LGBTQI+. Efforts to identify and screen victims were fragmented, with multiple standard operating procedures existing for various bodies on different forms of modern slavery – none implemented for all first responders at the national level,87 and the government has not established a national referral mechanism (NRM) to ensure survivors are referred to services.
The central government relies on state governments to enforce criminal justice processes.88 While India has ratified several international conventions and criminalised most forms of modern slavery in line with international law – including human trafficking,89 forced labour,90 and bonded labour91 – application and enforcement varied widely at the state level. In 2022, the National Commission for Women established a unit to strengthen the capacity of AHTUs, which existed in most districts, but lacked sufficient resources and training to identify and investigate modern slavery crimes, including bonded labour.92 Where modern slavery crimes were investigated and prosecuted, the acquittal rate was high,93 and victim compensation schemes were under-utilised.94 While some victims were able to testify via video conferencing, inadequate protection and financial support reportedly prevented other victims from participating in the court process.95 A proposed anti-trafficking bill in draft since 201896 aims to expand investigations, victim assistance, and introduce stronger penalties; however, there are concerns that not all victims are protected from punishment for crimes they were compelled to commit.97
The government’s strongest efforts related to the coordination of the response to modern slavery through the inter-ministerial committee, which is led by the MWCD and involves civil society representatives.98 Improvements to the coordination of the response included a series of consultations held in partnership with the UN Office on Drugs and Crime to enhance coordination among government, civil society, media, and other stakeholders,99 and the launch of the Anti-Trafficking in Persons Platform to strengthen regional cooperation.100 However, there were reports of a lack of cooperation between states to address trafficking involving multiple states,101 and the government did not have an up-to-date national action plan (NAP) to combat all forms of modern slavery. It continued to rely on a 2012 plan to combat sex trafficking of women and girls,102 and while a NAP on Business and Human Rights is in draft, it does not mention forced labour.103
The government demonstrated some efforts to address risk factors. For example, the government implemented national awareness campaigns targeting railway and bus stations,104 and in 2020, the Ministry of Labour and Employment launched the country’s first national platform to register informal workers and extend access to social security schemes.105 India is also one of few countries to set a minimum legal age of marriage at 18 with no exceptions.106 However, several critical risks remain unaddressed. Employers are not obliged to recognise unions,107 and in practice, collective bargaining and the right to strike are strictly regulated.108 Domestic workers are not covered under the labour law (a national policy establishing domestic worker protections has remained in draft since 2019),109 and the legal framework does not prohibit charging recruitment fees to migrant workers, increasing their risk of debt bondage.110 Official complicity in modern slavery cases remained a significant concern, with reports that officials accepted bribes to allow, impeded investigations of, or facilitated, human trafficking.111 Efforts to address risk factors were further hampered by a government crackdown on NGOs and observers of human rights abuses in India.112
Like most countries in the region, efforts to address modern slavery in public and private supply chains were limited. The government introduced voluntary National Guidelines on Responsible Business Conduct in 2018,113 and subjects the top thousand listed companies to mandatory sustainability disclosures – including disclosures related to forced and child labour – under the Business Responsibility Sustainability Reporting Framework.114 However, companies are not required to conduct mandatory human rights due diligence (HRDD).
Recommendations
Survivors identified and supported
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Ensure survivor support services cover all populations – including adult males, those identifying as LGBTQI+, and people with disabilities – and establish community-based rehabilitation based on survivors’ consent, as well as financial empowerment schemes for survivors in all states and union territories.
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Adopt comprehensive national guidelines for identifying and screening victims of modern slavery for all first responders, and establish a NRM to ensure all victims are referred to services, based on their informed consent.
Criminal justice mechanisms
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Criminalise forced marriage and the use of children in armed conflict in line with international standards, and ensure the proposed Trafficking in Persons (Prevention, Care and Rehabilitation) Bill is consistent with international standards, including that no victims are criminalised for crimes committed while under the control of traffickers.
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Build capacity and ensure sufficient resourcing of AHTUs, prosecutors, and the judiciary to investigate and prosecute modern slavery crimes and strengthen the implementation of victim and witness protection mechanisms (including use of video testimony) and compensation schemes.
National and regional level coordination
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In consultation with survivors and civil society, develop an updated NAP to combat modern slavery, and expand the NAP on business and human rights to include forced labour. Ensure NAPs outline clear indicators and allocation of responsibilities, and that implementation of each activity is fully funded.
Risk factors are addressed
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Equip humanitarian practitioners to respond to modern slavery risks in crisis settings by rolling out the Global Protection Cluster’s Introductory Guide to Anti-Trafficking Action in Internal Displacement Contexts.115
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Engage with communities to tackle underlying drivers of modern slavery, including caste-based discrimination, patriarchal attitudes, and gender inequality.
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Adopt legislation to protect domestic workers, ensure the right to freedom of association and collective bargaining for all, introduce and enforce laws to prohibit charging of recruitment fees to employees, and register and monitor local recruitment agencies for deceptive practices.
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Ensure all reports of official complicity in modern slavery cases are thoroughly investigated.
Government and business supply chains
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Expand the Business Responsibility Sustainability Reporting Framework to require listed companies to conduct mandatory HRDD in addition to making sustainability disclosures.