Comparative Analysis of Anti-Trafficking Legislation and Implementation: South Asia and Europe in Perspective

Abstract

This paper examines the differences between South Asia (India, Pakistan, Bangladesh, Nepal, Sri Lanka) and Europe (European Union and member states of the Council of Europe) regarding the legislation and implementation of anti-trafficking measures. Using secondary data from the United Nations Office on Drugs and Crime, U.S. Trafficking in Persons (TIP) reports, and scholarly works, the article analyzes legal definitions, enforcement, victim protection, and frameworks of cooperation at the regional level. Results of the study indicate that all jurisdictions, in South Asia and Europe, have adopted the definition of ‘trafficking in persons’ as defined in the Palermo Protocol. This indicates that there is legal convergence at the global level. South Asia, in particular, shows persistent enforcement and protection gaps, where conviction rates, victim services, and SAARC cross-border cooperation remain under 30 percent. Europe provides more legal protections of a victim-centered nature including non-penalization, reflection and recovery periods, and residence permits, as well as more effective regional cooperation in policing through Europol and Euro just servicing resulting in increased convictions and enhanced assistance to victims. The analysis states that there is a lack of legal frameworks, institutional capacity, trauma-informed services, and regional approach mechanisms to effectively combat trafficking. The policies of the state include victim protection, the gap of investigation, and regional data in implementation of a more efficient protective policy.