Institutional response to human trafficking: A qualitative exploration of Anti-Human Trafficking Units in West Bengal,India

Research design

This study adopted a qualitative research design to examine the functioning, challenges, and perceived effectiveness of AHTUs in West Bengal, India. The study intends to offer deep, contextual insights into the perspectives of stakeholders, such as survivors, law enforcement officers, and NGOs by utilising qualitative methodologies.

Study area

West Bengal, a state known as a trafficking hotspot because of its geographic location, porous borders with Bangladesh and Nepal, and socio-economic weaknesses, was the site of the study. To represent the variety in AHTU performance and operational issues, some districts were chosen, including Basirhat, Barasat, and Bongaon. These regions were picked because of the high number of cross-border trafficking cases and their closeness to trafficking pathways.

Sampling strategy

Purposive sampling was used to select participants directly affected by trafficking, as well as civil society and law enforcement actors involved in anti-trafficking interventions. The study included 19 survivors of trafficking and 9 NGO/civil society participants, including Sanjog and members of the Partners for Anti Trafficking network, as well as 5 Law Enforcement Agency (LEA) officials working in AHTUs. These participants provided survivor-based and organisational perspectives on the functioning of AHTUs in West Bengal.

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Participant group	Number	Sampling approach	Data collection method	Context
Survivors of trafficking	19	Purposive sampling	Open-ended interviews and survivor-focused discussions	Female survivors identified through anti-trafficking interventions in West Bengal
NGO/civil society participants	9	Purposive sampling	Focus group discussions and open-ended interviews	Participants included Sanjog and eight members of the PAT network working on anti-trafficking support, advocacy, rehabilitation, and prevention
Law Enforcement Officials mainly AHTU Officials	5	Purposive sampling	Focus group discussions and open-ended interviews	Stakeholders in the AHTUs

Data collection methods

Data were collected by various qualitative methods to increase the depth and context of understanding. Data were collected through open-ended interviews and focus group discussions with survivors, NGO/civil society participants, and AHTU personnel, alongside document analysis and field-based observations. Questions focused on the survivors’ experiences of rescue and rehabilitation along with the progression of their cases, the operational challenges faced by AHTUs, inter-agency coordination, and perceptions of the effectiveness of the institutions involved.

Primary data were contextualised and triangulated with document reviews of secondary sources. The following documents were analysed from a variety of publications: the NCRB, the current repository of AHTU documents, and documents from NGOs which were relevant to anti-trafficking projects.

Observational data were collected through a variety of field visits to AHTU offices and/or office settings, rehabilitation/rescue centres for survivors of trafficking, and areas that are considered trafficking prone. Observation data provided contextualisation and understanding of institutional processes, survivors’ interaction with institutional processes, and the context of operational settings.

Ethical considerations

The research design was planned based on ethical regulations relating to research conducted using potentially vulnerable participants. The study received ethical clearance from the Research Ethical Consideration Committee (RECC) Karunya Institute of Technology and Sciences, Coimbatore. Before data collection, participants were informed of their right to withdraw from the study at any stage, and that participation in the study was voluntary and what the purpose of the research study was. Participants provided informed consent before data was collected on their behalf. To protect all participants’ anonymity, we removed identifiers on transcripts and when reporting. We took care to ensure that during the course of conducting interviews with survivors no distress resulted as a consequence of our interaction, and to further ensure that no re-traumatisation occurred from the interaction. A trauma-informed approach was taken during the entire data collection and data interpretation process.

Data analysis

Thematic analysis was utilised in the analysis of this data. An initial reading was undertaken repeatedly to become familiar with the data obtained from the open-ended interviews and focus groups; observation and document review were also included in this work. Initial coding was developed to assist in the identification of patterns related to institutional functionality, survivor experience, coordination issues, process barriers, and support systems. The initial codes were grouped into common thematic clusters of operational gaps/inconsistency, survivor engagement, and collaboration to represent the primary thematic concerns of the analysis, that is, operational deficits, institutional inequities, engagement of survivors, and collaborative action. Thematic analysis facilitated both descriptive and interpretive analysis of how AHTUs operated in the various study locales. Interviews and discussions conducted in the local language were translated into English for the purposes of transcription, analysis, and reporting.

Limitations of the study

The study has some limitations that should be noted. The first major factor that influenced sample size was that due to the sensitivity of the topic, obtaining access to both survivors and those working in institutions was logistically challenging. A second limitation was that the sites selected for the study were limited to specific sites within West Bengal. As such, findings from this study are essentially context specific and not generalisable to the entire country of India. Nevertheless, the use of the qualitative design to achieve a richer understanding of the phenomena under investigation and contextual insights has been fulfilled.

Rationale for methodology

In order to guarantee a thorough grasp of the trafficking ecology in West Bengal, this methodology was used. The study contributes to both academic and practical improvements in the field by capturing the socio-cultural, institutional, and personal aspects of trafficking and anti-trafficking activities through the integration of diverse qualitative methodologies and viewpoints.

Profile of the survivor participants

There were 19 female survivors in the sample. All of the women involved in this were identified as survivors of sexual exploitation through anti-trafficking interventions. The profiles of the survivors highlighted a number of vulnerabilities. The majority of the participants were between 19 and 28 years of age. Many of the participants had relatively low levels of formal education. Of the total sample size, 58% of the survivors had received no formal education, 26% of the survivors had received basic schooling, and 16% of the survivors had received a secondary education. The majority of the participants were located in Basirhat, while the remaining participants were from Bongaon, Barasat, Gokulpur, and Katakhali. The duration of trafficking experience for the participants was from 1 month to 1 year, with 68% of participants reporting trafficking experiences that lasted from 1 to 6 months. Therefore, this information provides insight into the intersection of youth, educational disadvantage, and socio-economic and geographic disadvantage of the participants in terms of vulnerability to trafficking in the study area (see Figures 1 to 5).

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Figure 1.

Distribution of survivors by age.

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Figure 2.

Survivors’ religious representation.

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Figure 3.

Survivors’ place of residence.

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Figure 4.

Survivors’ educational background.

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Figure 5.

Length of trafficking experience.

Theme 1: Institutional unevenness across AHTUs

The uneven functioning of AHTUs across West Bengal is a major finding of this study. All of the research participants commenting about CID AHTUs reported that the CID AHTUs were as efficient, proactive, and responsive to survivors as the district AHTUs. In addition, the CID AHTUs were reported to be stronger in the areas of investigation, case follow-up, communication, witness protection, and legal preparation. Many stakeholders noted that cases at the district level that had suffered prolonged inactivity were sometimes acted upon only after CID involvement and that as a result, CID was viewed as a more dependable institutional actor than district AHTUs in response to survivors of human trafficking:

The difference between the CID unit and the district unit was very clear. One was active and responsive, while the other was slow and inconsistent. (Survivor Participant)

Sometimes it depends on who is posted in the unit. Where there is commitment and experience, the response is stronger. Where there are transfers and shortages, the case suffers. (AHTU Official)

The challenge is not only the mere existence of the unit, but if it also has the capacity, coordination, and stability to function effectively. (AHTU Official)

On the other hand, the district AHTUs were seen as very inconsistent in their functioning. In the sub-regions of Basirhat and Bongaon, there were numerous reports of inadequate resources, physical infrastructure challenges, insufficient training, and weak continuity of case follow-through relative to the number of staff who were transferred. In addition, many participants commented on disrupted investigations, diminishing survivor confidence due to lack of continuity within the district AHTUs caused by frequent officer transfers. The findings of the study suggest that merely having AHTUs or employing part-time staff at AHTUs does not guarantee consistent performance throughout the AHTUs. Rather, the inconsistent effectiveness of AHTUs appeared to be closely related to staffing levels; staff training and qualifications, the quality of AHTU leadership, and the operational support provided.

Theme 2: Trafficking cases remained underprioritised within law enforcement

According to the various stakeholders involved, law enforcement typically considers trafficking to be a lesser priority than other types of crime (e.g. narcotic trafficking, murder, or rape). This general perception of trafficking as a lower priority crime appears to create a negative impact on the level of surveillance provided for trafficking cases, the quality of investigation conducted, and resources devoted to trafficking cases. Some stakeholders expressed the opinion that trafficking has been treated as a “soft” crime, which has caused trafficking cases to be registered and followed up at an insufficient level of urgency. Therefore, the under-prioritisation of trafficking within law enforcement is both an attitudinal and operational issue that shapes how much institutional attention is accorded to trafficking cases:

Not much importance is given to the trafficking cases. People still tend to see trafficking as a less serious crime, while other crimes are treated as more important. (AHTU Official)

In addition, participants identified uncertainty around the future function of AHTUs in light of potential changes to the Trafficking in Persons Bill, as well as the possible involvement of additional agencies. Issues related to arrest authority, First Information Report registration, and investigative responsibility contributed to some degree of institutional confusion regarding how trafficking cases will be handled going forward. Nonetheless, many stakeholders reported that AHTUs (specifically at the CID level) have sufficiently exhibited their capability by preparing charge sheets and processing trafficking cases in ways that are difficult to refute. This provides an indication that although there is a developing capacity in the area of trafficking, it continues to be inadequately distributed and institutionalised.

Theme 3: Survivors reported delays, weak communication, and procedural barriers before effective AHTU engagement

Survivor narratives show that survivors had much dissatisfaction over how trafficking cases were initially treated prior to specialised AHTUs meaningfully getting involved. This included prolonged delays in local police investigations and local police investigations not invoking trafficking-related legal provisions properly at the point of registration of the cases such as IPC sections 370 and 371, the Immoral Trafficking (Prevention) Act, and Protection of Children from Sexual Offences Act which weakened the legal basis of the cases and delayed proper and effective prosecution:

We were never clearly told what was happening in the case. (Survivor participant)

We were not much aware about these institutions, how they work or coordinate, and we feel comfortable with our old life, even after rescued, we feel the burden falls back on the us. (Survivor Participant)

Survivors noted that local investigations were susceptible to external pressures, including outside interference and tampering with evidence. In some instances, subdivision courts had to intervene prior to transferring the matter to specialised AHTUs. Survivors noted that they relied on district lawyers and other intermediaries to facilitate these transfers. This shows a system where survivors often had to navigate institutional access through informal means rather than through routine processes. Overall, these findings demonstrate a lack of structure in the early handling of cases, especially at the local police level.

Theme 4: Survivor engagement differed sharply between district AHTUs and the CID AHTU

The survivor discussions regarding survivor engagement and communication were significant in showing a difference in survivor engagement and communication with the CID AHTU and the district AHTUs. The participants indicated that they were largely not aware of the various roles of the district AHTUs, CID AHTUs, and border security AHTUs, nor did a large number of them have a basic understanding of how each of these organisations work differently from one another or how their cases were advancing. The lack of knowledge of how these AHTUs work and how their cases are progressing resulted in a communication gap between survivors and the AHTUs, which was likely to inhibit survivors from engaging actively in the legal process and being advocates for themselves:

Many of us do not feel much comfortable even after we have been rescued. Some of us have been maybe used to such an environment (including drinking alcohol, smoking, and the same type of environment we came from) that if provided an opportunity to return I may do so. (Survivor Participant)

The survivors expressed dissatisfaction with the district AHTUs and particularly indicated dissatisfaction with how the AHTUs communicate. The survivors indicated the officers were not forthcoming with case updates, were not forthcoming during their visits to the district police AHTUs, and tended to be less transparent about what was happening with the survivors’ cases. On the other hand, survivors indicated that the CID AHTU was generally better at engaging with survivors; that the CID officers were more approachable and responsive to them than the district AHTU officers; and that CID officers were generally more courteous, would provide case updates, and were more involved in preparing survivors for court hearings than their district AHTU counterparts. In addition, CID AHTUs were reported to better protect witnesses than were district AHTUs and to be better at conducting case conferences than were district AHTUs, which led survivors to have a greater degree of trust and comfort in engaging with the CID AHTU. Consequently, a number of survivors indicated a preference for the CID AHTU to be involved with their future cases.

Theme 5: NGOs were indispensable but structurally constrained

NGOs have emerged as vital contributors to the anti-trafficking response. These organisations provide services, such as rehabilitation, legal support, counselling, and community development and prevention. Partners for Anti Trafficking (PAT), for example, have played a significant role in awareness raising, survivor support, and providing coordination between law enforcement and NGOs. Focus group discussions with PAT members showed that some incremental improvements have occurred in the AHTUs, including more operationalisation of district AHTUs, training for social workers and legal aid providers, more regular use of relevant sections of the law, and greater CID involvement in stalled cases. These findings illustrate how collaborative institutional progress is possible through the collaborative efforts of specialised actors:

Support should not stop with rescue. Survivors need constant legal, emotional, and social support and guidance, but sustaining that level of engagement is very difficult. (NGO Official)

Although PAT Members shared examples of incremental improvement, they also shared how there were still limitations that inhibit more effective responses globally by the NGOs. For example, the following weaknesses were identified by NGO respondents: limited coordination between border security forces and district AHTUs; inadequate funding and infrastructure; frequent transfer of officers (both NGOs and law enforcement); lack of supervision for and poor records of survivor statements; and lack of consistent mechanisms for engagement and input from survivors at the district level. Furthermore, when surveying the 18 blocks in which PAT worked to develop community-based awareness and survivor-led advocacy for prevention, the participants stressed that sustainability of good practices would ultimately be affected by uncertainty of funding and fear of restrictions due to the Foreign Contributions Regulation Act (FCRA). Participants suggested that fears relating to FCRA-related restrictions could limit organisational advocacy, funding continuity, and the capacity of NGOs to challenge institutional failures more directly. In this regard, NGOs are indispensable to the anti-trafficking ecosystem; however, they lack the institutional capacity needed to address the more profound structural weaknesses.

Theme 6: Structural weaknesses undermined survivor-centred justice

Overall, the data collected for this study reflect that there was, overall, a pattern of how structural and procedural deficiencies undermine survivor-centred justice. Structural and procedural weaknesses included incomplete registration of FIRs (first information reports), delays in the transfer of cases to specialised AHTUs, the provision of inadequate investigative reports, inadequate protection of witnesses, poor coordination between agencies, and inadequate specialised training for investigators (including social workers). In addition to these structural and procedural deficiencies, there were also resource deficiencies (i.e. lack of capacity/infrastructure and lack of sustainable funding) which further reduce how well the institution responds to an anti-trafficking incident; as a result, in addition to delays in investigations caused by these deficiencies, they also have an impact on survivors’ trust in the justice system and whether the survivors had experienced an institutional response as protective, apathetic, or burdensome:

We can coordinate, advocate, and support survivors, but when the institutional response is inconsistent, our work also becomes fragmented. (NGO official)

In summary, this study indicates that, in West Bengal, the issue is not merely the absence of an anti-trafficking institution; however, rather that the institutions that exist are functionally uneven. Specialised responses are most effective when institutional commitment, coordination, and survivor engagement are most highly visible and/or functioning effectively, especially at the CID level. When these conditions are not present, the delay for sexual exploitation cases, reduced communications between authorities and/or survivors, and erosion of the survivors’ confidence in the justice system occur due to these structural weaknesses. Therefore, these findings emphasise the importance of strengthening capacity at the district level, creating continuity and accountability within the anti-trafficking system(s), and embedding survivor-responsive practices throughout the anti-trafficking system.