VARIOUS LAWS CONCERNING TRAFFICKING:

Trafficking in Women and Children is the gravest form of abuse and exploitation of human
beings. Thousands of Indians are trafficked every day to some destination or the other and are
forced to lead lives of slavery. They survive in brothels, factories, guest-houses, dance bars, farms
and even in the homes of well-off Indians, with no control over their bodies and lives. Trafficking in
human beings take place for the purpose of exploitation which in general could be categorized as (a)
Sex -based and (b) Non-Sex-based. The former category includes trafficking for prostitution,
Commercial sexual abuse, Pedophilia, Pornography, Cyber sex, and different types of disguised
sexual exploitation that take place in some massage parlors, beauty parlors, bars, and other
manifestations like call girl racket, friends clubs, etc. Non sex based trafficking could be for
different types of servitude, like domestic labor, industrial labor, adoption, organ transplant, camel
racing marriage related rackets etc. But the growing traffic in women is principally for the purpose
of prostitution.
A trafficked victim is therefore, a victim of multiplicity of crimes, and extreme form of
abuse and violation of human rights. Until March 2013, Indian law did not contain a comprehensive
definition of human trafficking. The enforcement of the Criminal Law (Amendment) Act of 2013 on
02.03.2013, amended Section 370 of the Indian Penal Code and included India's first definition of
human trafficking. The section provides that
Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d)
transfers, or (e) receives, a person or persons, by
First.using threats, or
Secondly.using force, or any other form of coercion, or
Thirdly.by abduction, or
Fourthly.by practising fraud, or deception, or
Fifthly.by abuse of power, or
Sixthly.by inducement, including the giving or receiving of payments or benefits, in order to
achieve the consent of any person having control over the person recruited, transported, harboured,
transferred or received, commits the offence of trafficking.
Various Laws Dealing With Trafficking In India:
In India the national provisions relating to trafficking are primarily from the Indian Penal
Code, 1860, the Constitution of India, 1950 & the Immoral Traffic Prevention Act, 1956. Besides,
provisions such as the Bonded Labour (Abolition) Act, 1976, the Child Labour (Prohibition and
Regulation) Act, 1986, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989, the Juvenile Justice (Care and Protection of Children) Act, the Transplantation of Human
Organs Act, 1994, Immigration (Carrier's Liability) Act, 2000 and the Prohibition of Child Marriage
Act, 2006 also handle the relevant matters in human trafficking.
The Constitution of India:

Article 23 prohibits the traffic in human beings and forced labor such as begar. It also
declares slave trade, prostitution and human trafficking as punishable offences. There is,
however, an exception here in the form of employment without payment for compulsory
services for public purposes. Compulsory military conscription is covered by this provision.

Article 24 of the Indian Constitution prohibits abolition of employment of children below

the age of 14 years in dangerous jobs like factories and mines. Child labour is considered
gross violation of the spirit and provisions of the constitution.

Indian Penal Code:

Under the Indian Penal Code there are various provisions that link to trafficking. Some of
such provisions are as follows:

Sections (359-369) Kidnapping & Abduction

Section 370 & 370 A (Trafficking of a person & Exploitation of a trafficked person)

Section 372 &373 (Selling & Buying of Minor for purpose of prostitution)

Section 374 (Unlawful compulsory labour) etc.

The Immoral Traffic Prevention Act:

Section 5: Procuring, Inducing or taking person for the sake of prostitution

Section 8: Seducing, soliciting for purpose of prostitution

Section 14: It clarifies that any offence punishable under this Act shall be deemed to be a
cognizable offence that means officers can make arrests without obtaining a warrant.
However only certain police officers (Special Police Officers) are allowed to do this in
presence of witnesses.

The Bonded Labour Abolition Act:

The act prohibits anyone from making any advance or compelling any person to render any
bonded labour, and states further that any agreement or custom requiring any person to do
work as a boned labour is void and provides for punishment for anyone who compels any
person to render bonded labour or even advance any bonded debt. (3 years and 2000)

The Child Labour Prohibition and Regulation Act:

The child labour act defines a child to be a person who is under 14 years of age and lays
down children should not be employed in industries. However, this act does not apply to any
employment that is undertaken with the help of family members in one's own residence.
The SC & ST Prevention of Atrocities Act:
This act provides an additional tool to safeguard women and young girls belongings to
scheduled caste and scheduled tribes and also to create a greater burden on the Trafficker/offender
to prove his lack of complicity in the matter. 6 months-5 years: Section 3
Transplantation of Human Organs Act:
This act deals with criminal responsibility in cases of harvesting of organs and trafficking of
persons for this purpose. This act intends to punish those traffickers, procurers, brokers,
intermediaries, hospital/nursing staff and medical laboratory technicians involved in the illegal
transplant procedure. Section 11 declares prohibition of removal or transplantation of human organs
for any purpose other than therapeutic purposes. (2-7 years & 10-20000)
The Juvenile Justice Act, 2015:
This Act prohibits the exploitation of child (below 18 years of age) employee. Section 76
prohibits employment of child for begging. Similarly Section 79 punishes those who exploit a child
employee. Section 81 provides that whoever sells or buys a child for any purpose shall be
punishable with rigorous imprisonment for a term which may extend to five years and shall also be
liable to fine of One lakh rupees. This act also ensures that no person must procure a child for the
purpose of any hazardous employment by any means.
Prohibition of Child Marriage Act:
This Act declares that marriage of a minor child is void. Section 12 defines that marriage
where the minor has been taken out of lawful guardianship or been by force compelled, or been by
any deceitful means induced to go from any place should be prohibited, and any marriage after the
minor is sold or trafficked or used for immoral purposes should also be null and void.