Human trafficking law in india by VIVEK JAMWAL

Human trafficking law in india

Human Trafficking means action or practice of illegally transporting people from one country or area to another, for the purposes of forced labour or sexual exploitation.

Human trafficking is a serious crime and grave violation of human rights. Sexual exploitation of the children for any country is worst than any other offence against the children. Article 51A € of the Constitution imposes the duty on every citizen of India in mandatory form which says that “It shall be the duty of every citizen of India, to renounce practices derogatory to the dignity of women”. But, in practice the position is different from the spirit of the constitution in India.

Human trafficking can be for-

Sexual exploitation

Bonded Labour

Domestic servitude

Begging

Drug peddling/smuggling

Forced marriage

Forced criminality

Child soldiers

Organ harvesting

Factors Leading to Trafficking

• Poverty

• Lack of employment opportunities

• Religious/ Traditional Prostitution

• Child Marriage

• False promises for job/marriage

• Migration

• Sex tourism

• Internet Pornography

Not only women and children but also men are subject to human trafficking. In India, a large number of people are trafficked not only for sex trade but also for other various kinds of servitude.

Different types of sexual exploitation of children

This term sexual exploitation of children refers to criminal practices that demean, degrade and threaten the physical and psychological integrity of children, in particular, sexual abuse by an adult and remuneration in cash or kind to a child or third person(s). Besides the sexual crimes against women there are following forms of commercial sexual exploitation of children namely: (A) Child prostitution, (b) Child pornography, in general,/on the internet, (c) Trafficking for sexual exploitation, (d) Incestuous sexual exploitation € Child sex tourism and f) Child marriages.

Legal Framework

India has wide range of laws enacted by the Parliament and some State legislature, apart from provisions of the Constitution which is the basic law of the country.

Constitution of India

Article 23- Protects against exploitation, prohibits traffic in humans and beggar and makes this practice punishable under law.

Article 24- Protects children below age 14 from working in factories, mines or other hazardous employment.

Indian Penal Code

There are around 25 provisions for trafficking but some of the significant among them are as below-

Section 366A- Inducing any minor girl under the age of eighteen years to go to any such place with intent to forced or seduced illicit intercourse with another person shall be a punishable offence.

Section 366B- Importing any girl under twenty-one years with the intent that she will be, forced or seduced to illicit intercourse with another person is a punishable offence.

Section 374- Punishes any person who for unlawfully compels any person to labour against his will.

Immoral Traffic (Prevention) Act 1956

The Immoral Traffic (Prevention) Act, 1956 is the primary legislation for the prevention of sexual exploitation for women and girls. The word “Trafficking” is defined only by the Goa Children’s Act, 2003, which is a state law. Thus, while the ITPA is the main legislation related to the commercial sexual exploitation of children, it does not define trafficking.

Offences specified are:

Keeping a brother or allowing premises to be used as a brothel

Living on the earnings of prostitution

Attempting, procuring or taking person for the sake of prostitution

Detaining any person in premises for prostitution

Prostitution in the vicinity of public places

Seduction of a person in custody

Child Labour (Prohibition and Regulation) Act, 1986

The Act prohibits employment of children below specific age and in certain specified occupations. It also imposes punishment for the employment of minor children.

Information Technology Act, 2000

The act penalises transmission of any such material in electronic form which is inappropriate and lascivious. This act also addresses the problem of pornography.

Section 67A- Punishes publication or transmission of material containing sexually explicit act in electronic form.

Section 68B- Punishes publication or transmission of material depicting children in sexual explicit act in electronic form.

Juvenile Justice (Care and Protection of Children) Act, 2000

The law is relevant for children who are vulnerable and are therefore likely to

Be the victim of trafficking. It protects juveniles in need of care and protection.

Karnataka Devadasi (Prohibition of Dedication) Act, 1982

Act of dedication of any girl with or without consent of the dedicated persons engaging her in prostitution is unlawful and punishable.

Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989

This law prohibits any ceremony dedicated as Devadasi in any manner and imposes a penalty of imprisonment for three years and fine.

Goa Children’s Act, 2003

This act is defined precisely in Trafficking. It includes every type of sexual exploitation in the definition of sexual assault. Manager and owner of the establishment are responsible for the safety of minors or children in hotel premises. There are strict laws on about the safety of children and publishing pornographic materials.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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