Source: Times of India  

Introduction 

Skin trafficking represents a disturbing and under-documented form of human exploitation that has emerged alongside traditional human trafficking. This criminal practice primarily involves the non-consensual removal of skin tissue from vulnerable individuals, particularly women and children from Nepal, which is then sold to medical facilities and cosmetic surgery centers. The victims are often trafficked across the porous Indo-Nepal border, where they are subjected to skin removal either through deception or while under sedation. The practice has gained attention due to the growing demand in the cosmetic surgery industry, where human skin tissue is used for various procedures including cosmetic enhancements. Despite its serious nature, skin trafficking remains largely unaddressed in legal frameworks, with limited official documentation and specific legislation to combat this form of exploitation. 

What is Trafficking, its Types, Legal Framework, and Punishments? 

Definition of Trafficking: 

• Trafficking is an illicit method of trading for economic, social, or political gains that involves: 
  • Recruitment, transportation, transfer, harboring or receipt of persons 
  • Use of force, coercion, abduction, fraud, or deception 
  • Abuse of power or position of vulnerability 
  • Exchange of payments to achieve control over another person 
  • Purpose of exploitation 

Types Of Trafficking: 

• Human Trafficking 
  • Third largest crime globally after drugs and arms smuggling 
  • Involves trading humans as commodities for monetary gains 
  • Results in exploitation, psychological trauma, and social ostracization 
  • Common forms include slavery, forced labor, prostitution, forced marriage 
• Organ Trafficking 
  • Involves illegal removal and trade of human organs 
  • Often targets vulnerable populations in developing nations 
  • Regulated by WHO Guiding Principles and Istanbul Declaration 
  • Frequently driven by poverty and economic desperation 
• Skin/Tissue Trafficking 
  • Emerging form of exploitation 
  • Involves non-consensual removal of skin tissue 
  • Often linked to cosmetic surgery industry 
  • Currently lacks specific legislative framework 

Legal Framework in India: 

• Constitutional Provisions: 
  • Article 23(1) prohibits trafficking in human beings 
• Bharatiya Nyaya Sanhita (BNS), 2023:  
  • Section 143: Penal provisions for human trafficking 
  • Section 144(1): Punishment for sexual exploitation of trafficked children 
  • Sections 95-99: Special provisions for crimes against children 
  • Section 139: Addresses kidnapping/maiming children for begging 
  • Section 141: Covers importation of minors for illicit purposes 
• Punishments: 
  • Range from 3 years to life imprisonment based on severity 
  • Enhanced penalties for trafficking of minors 
  • Special provisions for commercial sexual exploitation 
• Other Legislations: 
  • The Immoral Traffic (Prevention) Act, 1956 
  • Criminal Law (Amendment) Act 2013 (Section 370 and 370A IPC) 
  • Protection of Children from Sexual Offences (POCSO) Act, 2012 
  • Prohibition of Child Marriage Act, 2006 
  • Bonded Labour System (Abolition) Act, 1976 
  • Child Labour (Prohibition and Regulation) Act, 1986 
  • Transplantation of Human Organs Act, 1994 

What is Skin Trafficking? 

• Skin trafficking is an illicit trade involving the non-consensual removal and sale of human skin tissue. 
• It represents an emerging form of human exploitation connected to the cosmetic surgery industry. 
• Victims and Targeting: 
  • Primary victims are women and children from economically disadvantaged regions. 
  • Nepalese women are particularly targeted due to their fair skin complexion. 
  • Victims are often already vulnerable individuals from impoverished backgrounds. 
• Methods of Operation: 
  • Victims are typically trafficked through three stages:  
    • Initial transportation across borders 
    • Transfer to urban centers 
    • Skin extraction process 
  • Extraction methods include:  
    • Non-consensual removal while victims are sedated 
    • Coerced "voluntary" donations for minimal payment 
    • Removal without victim's knowledge in brothels 
    • Forced signing of consent documents 
• Commercial Aspects: 
  • Pricing varies based on:  
    • Skin color 
    • Area of skin removed 
    • Quality of tissue 
  • A 100-square inch piece of fair skin can sell for between Rs. 50,000 to Rs. 100,000 in major Indian cities. 
• Supply Chain: 
  • Skin is typically:  
    • Harvested from victims 
    • Processed in Indian pathology labs 
    • Distributed to cosmetic surgery facilities 
    • Used in various cosmetic procedures 

What are the Differences Between Organ Trafficking and Tissue Trafficking?

What are Global Instances of Trafficking? 

Tissue/Skin Trafficking in the United States 

• The market value for harvesting replacement components like bone, heart valves, and skin from one body is estimated at around $230,000 USD, leading to ethical concerns. 
• There have been documented cases of non-consensual procurement, insufficient testing, false donor files, and illegal trafficking of human cells and tissues. 
• While tissue businesses can charge "reasonable fees" for processing, the lack of a clear definition for what constitutes reasonable fees has allowed shady businesses to generate enormous profits. 
• Some tissue banks prioritize profit over medical necessity, such as diverting human donor skin to cosmetic procedures rather than burn victims, since cosmetic uses can be valued four times higher. 

Tissue/Skin Trafficking in Africa 

• Tanzania has a particularly severe problem with trafficking of people with albinism, whose body parts are sold to create charms and potions due to superstitious beliefs. 
• Criminal networks charge around $75,000 USD for a complete set of albino organs, while a living person with albinism can be worth up to $340,000 USD. 
• People with albinism are targeted in four ways: kidnapping, trafficking between villages/countries, murder and dismemberment for body parts, or grave robbery. 
• Tanzania has the highest rate of albinism in the world (1 in 1,400 people), making its citizens particularly vulnerable to this form of trafficking. 

What is the International Aspect of Skin Trafficking? 

International Framework: 

• WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation (revised in 2010): 
  • Provides an ethical framework for tissue acquisition and transplantation 
  • Requires informed and voluntary consent for live donations 
  • Prohibits sales of cells, tissues, and organs 
  • Forbids health professionals from performing transplants involving exploitation or coercion 
  • Promotes donations over sales 
• World Health Assembly Resolution (2004): 
  • Urges member nations to protect vulnerable populations from transplant tourism and tissue selling 

National Legislation: 

• India: 
  • Transplantation of Human Organs Act (THOA) 1994 and its 2011 Amendment: 
    • Establishes framework for tissue/organ transplantation 
    • Creates systems for collection and distribution 
    • Encourages deceased organ donation 
    • Protects vulnerable populations from trafficking 
    • Monitors transplant services 
    • Makes commercial transactions illegal 
  • Transplantation of Human Organs and Tissues Rules (2014): 
    • Prohibits sale of organs and tissues 
    • Requires donors to be registered 
    • Has issues with fake documentation being used to circumvent rules 
• Nepal: 
  • Human Trafficking and Transportation (Control) Act, 2064 (2007): 
    • Focuses on general human trafficking 
    • Prohibits selling/purchasing people 
    • Bans organ extraction (except as permitted by law) 
    • Does not specifically address tissue/skin trafficking 
    • Shows a significant legislative gap in addressing tissue trafficking specifically 

Skin Trafficking Along the Indo-Nepal Border 

• Women from the Himalayan belt and children are primary targets, particularly valued for their fair, plain, and clear skin qualities in the skin trade industry. 
• The trafficking process involves multiple agents: one agent transports victims across the Nepal-India border, a second agent moves them within India, and a third arranges the skin extraction, often forcing victims to sign documents claiming voluntary donation. 
• The extracted skin is processed in Indian pathology labs and then reportedly transferred to US companies that produce skin and tissue derivative products for the global plastic surgery market, with a 100-inch square piece of fair skin selling for Rs. 50,000-100,000 in Delhi and Mumbai. 
• Nepalese villages like Sindhupalchowk, Nuwakot, and Kabrepalanchowk have become known as "Body Organ Farms" for traffickers, with victims often being drugged or anesthetized before having their skin removed. 
• Unlike other forms of trafficking, skin trafficking is not well-documented in official databases like the National Crime Records Bureau, making it difficult to formulate effective policies or even acknowledge the problem's existence. 
• Victims are typically silenced through poverty, threats of violence, and torture, with many unable to speak about their experiences to their families or authorities. 

Conclusion 

The challenge of combating skin trafficking stems from its secretive nature and the absence of formal documentation by governmental authorities. While media reports and investigations have brought attention to this issue, particularly along the Indo-Nepal border, there remains a significant gap in official records and specific legislative measures to combat this form of trafficking. The absence of dedicated laws, especially in Nepal, leaves victims without proper legal recourse or rehabilitation support. To effectively combat skin trafficking, there is an urgent need for comprehensive legislation, enhanced border monitoring, and cooperation between India and Nepal. Additionally, establishing proper documentation systems and rehabilitation facilities for victims is crucial. Until these measures are implemented, vulnerable individuals, particularly from economically disadvantaged regions, will continue to be at risk of this severe human rights violation.