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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

NAME OF THE PROJECT TOPIC


HISTORICAL STUDY OF CHILD RELATED OFFENCES

SUBJECT
LEGAL METHODS

NAME OF THE FACULTY

SOMA B MAAM

NAME OF THE STUDENT: SHIVANSH PAMNANI


REGD NO: 2019LLB121
SECTION: B
1ST SEMESTER
ACKNOWLEDGEMENT

Firstly, I would like to be extremely grateful to my History teacher, SOMA B MAAM for giving
me an opportunity to do this project. I will be forever indebted to him lending his extraordinary
support during the process of making the project. I would also like to thank my friends and
family for encouraging me, thus helping me complete the project in a limited time frame.

I would also like to thank DSNLU for providing all necessary resources and a suitable
workplace, thus helping me come up with a satisfactory project.
CONTENTS

1. INTRODUCTION………………………………………………………………………
2. VARIOUS OFFENCES AGAINST CHILDREN…………………………………….
3. CHILD ABUSE…………………………………………………………………………
4. CHILD LABOR………………………………………………………………………...
5. CHILD MARRIGE…………………………………………………………………….
6. INFANTICIDE………………………………………………………………………….
7. CHILD TRAFFICKING……………………………………………………………….
8. CONCLUSION…………………………………………………………………………
9. BIBLIOGRAPHY……………………………………………………………………...
INTRODUCTION
Since ages, children have been victimized by one abuse or the other. It is not wrong to say that
they are a neglected lot. Throughout the history of our society, Children have been bought sold,
enslaved, exploited and killed. They have been abandoned severely beaten and physically
abused. In fact, the more we go in history we find that the lot of children’s had been hushes, and
crueler. Poverty and man situation have specially led to killing of children . Since recent crimes
even as Delhi convulses over its unending tale of shame and horror, a National Crime Records
Bureau (NCRB) report shows that crime against women and children is in fact a national plague,
by no means limited to its capital alone. The victimization starts before the birth of a child itself.
For instance, feticide, gender determination of foetus and causing miscarriage, it is determines as
a female, then the practice of infanticide or the willful killing of new born babies was widely
accepted among ancient and prehistoric people as a legitimate means of dealing with unwanted
children the same has taken the shape of foeticide with the advent on latest scientific and
technological instruments.1

Child abuse may be defined as any non-accidental trauma, neglect, failure to meet basic needs or
abuse inflicted upon a child by a caretaker that is beyond the acceptable norm of childcare in our
culture. Abused children found in all economic, social, ethnic and cultural backgrounds and
considered to be a worldwide phenomenon. Child abuse found to be the second etiological factor
in SIDS (Sudden Infant Death Syndrome) which was the leading cause of death in children less
than one year of age, while in older children it followed the accidents.  The incidences of child
abuse and neglect could be universally reportable forms of family violence.

In ancient Greece and Rome the law allowed deformed children and unwanted female infants to
be exposed and die. Some of the most ancient cases of child abuse were found in the Mythology
of different nations. Mythology is the science, which treats of the early traditions (myths)
relating to the religion of the ancients, and includes, besides a full account of the origin of their
gods, their lives, the heroes and their theory concerning the beginning of the world. 10,11 People
believed so strongly in these myths that they replaced reality that later would turn to be
descriptions of historical facts or allegories
The approach of ancient civilisations to child-parent relationships developed with the
fundamental understanding that a parent, usually the father, would have complete autonomy over
their child, regardless of the child’s age. “For example, in the State of Rome, from the second to
first century BC to around 235 AD, the paterfamilias, the oldest living males in the household,
had complete control on their children. Only they could decide whether or not a child lived or
died,was sold into slavery, or abandoned.”

However, civilisations from Ancient History started to protect vulnerable children by


establishing a no-tolerance policy to child abuse. For example, during the birth of the Roman
Empire, a father’s autonomy over his child was no longer absolute. In IV Century AD,
1
1.CHANDRASHEKAR SV, Offences against Children: Criminal Justice and Social issues in India, ResearchersGate,
Constantine the Great introduced a reform which took away the paterfamilias’ right to decide
whether or not their children lived or died. Moreover, children could only be abandoned if they
had hereditary defects. Killing a child became punishable by death. At the same time, the
introduction of a new law gave the state the power to free a child from patria potestas, the power
of the male head of a family. As a result, the family’s control on a child became significantly less
patriarchal in nature.

In XVIII Century BC, “the Babylonian King Hammurabi created The Code of Hammurabi,
which was in force for a thousand and five hundred years throughout the empire. According to
The Code of Hammurabi, people’s health, well-being and children were protected above
proprietary rights. A person’s life was deemed to be less worthy if he did not have a few
children. Kidnapping and exchanging children was harshly punished: if one should steal
another’s son, he shall be killed and buried without a ritual”.

In Babylonian law, ‘disobedient children’ were very harshly punished: “If a son strikes his
father, his hands shall be hewn off”. If an adopted child said to his adoptive father or mother:
"You are not my father, or my mother," his tongue would be cut off.

Laws protecting children from abuse were often created in response to widespread abuse and its
damaging consequences, although legislative measures themselves often targeted particular
forms of child cruelty or abuse. For example, in the first half of the thirteenth century, King
Edward I of England introduced the Statute of Winchester, which made it illegal for women to
sleep in the same bed as their toddlers. Those who broke the law were heavily fined. This law
was introduced in response to a high number of children dying by being accidentally suffocated
in their sleep by their mothers.2
It can be said that nowadays, in most countries of the world, scientists and practitioners
recognize the child abuse and neglect phenomenon as a complex problem, which needs to be
solved through the united efforts of professionals from different fields, parents, and the society as
a whole. However, it must be noted that in many countries, effective measures to protect children
from all types of abuse have not been put in place. The most significant barrier to stopping abuse
and ensuring that its victims are provided with adequate help is our society’s failure to
acknowledge and address the prevalent issues around them.

Child abuse occurs when a parent or caretaker physically, emotionally, or sexually


abuses, neglects, or abandons a child. Laws regarding child abuse seek to protect children, while
at the same time allowing parents the right to raise and discipline their children as they see fit.
Controversies over child abuse laws can arise when parents or guardians feel that the government
is interfering in their private family lives or believe that a child was removed from the home
unnecessarily. Learning more about the background and history of child abuse can help to

2
Ketevan Tavartkiladze, Child Abuse A Historical Perspetive, PHF(26/11/2018) http://phf.org.ge/en/resources/child-abuse-a-historical-
perspective-/
understand how the laws have evolved to protect children and how they impact your loved ones
today.

Objective of the study

1. To the traces the offences that were present in ancient times against childrenn

2. To look into the Indian history of child related offences

3. To substantiate and elaborate the concept of child labour, child abuse, child trafficking,
Infanticide.
Scope of the study

The study is limited to the mischief rule of interpretation, its use in interpreting a statute and its
advantages and disadvantages.

Significance of the study


This study will help us to look into the offences that present in the history of world and to know
about the various offences that are present and going on against children

Literature review

In this project the student researcher has taken valuable information from various articles,
journals, books and web sources.
Books – 1. A Complete Guide to Protection of Children from Sexual Offences Act (POSCO)
Web sources –1.www.Jstor.com,
2. www.lawteacher.net
Research methodology

The student researcher has used doctrinal method of research for this project work. This research
is a critical and explanatory study of the concept of mischief rule of interpretation.

Sources

Secondary sources
The student researcher has collected valuable information from secondary sources like books,
web sources, articles and journals.

Research question

1 What were the various child related offences present in ancient history?
VARIOUS OFFENCES AGAINST CHILDREN
Generally, the offences committed against children or the crimes in which children are the
victims are considered as crime against children. Indian penal code and the various protective
and preventive special and local laws specifically mention the offences wherein children are
victims. The age of child varies as per the definition given in the concerned Acts and sections but
age of child has been defined to be below 18 years as per The Juvenile Justice (Care and
Protection of Children) Act, 2000. Therefore an offence committed on a victim under the age of
18 years is construed as crime against children for the purpose of analysis in this chapter.
It is also to be borne in mind that the offences that are analysed in this chapter do not form an
exclusive block of offences that are reported in the country. They are included in the IPC/SLL
cases already discussed in other relevant chapters. The offences mentioned in this chapter have
been culled out from various reported crimes in the country wherein the victims of the offences
were children. It is made clear that revision of proformae would have a great impact on
collection of huge data on crime against children. Many recent enactments to curb crime against
children effectively have been included in the proformae for collection of data. The gender wise
breakup of crime against children has also been a new addition in the proforma. The list of
offences under the two broadly categorised offences under the IPC and the Special and Local
Acts is as follows:-
1) Crime against children under Indian Penal Code.
(i) Murder (Section 302 IPC)
(ii) Attempt to commit murder (Section 307 IPC)
(iii) Infanticide (Section 315 IPC)
(iv) Rape (Section 376 IPC)
(v) Unnatural offence (Section 377 IPC)
(vi) Assault on women (girl child) with intent to outrage her modesty (section 354 IPC)* 6.1
Sexual harassment (under section 354A IPC
(vii) Insult to the modesty of women (girl children) under section 509IPC
(viii) Kidnapping & Abduction (Section 363, 364, 364A, 366IPC) along with break of such cases
committed with various purposes.
(ix) Foeticide (section 315 and 316 IPC).
(x) Abetment of suicide of child (section 305 IPC)
(xi) Exposure and abandonment (section 317 IPC)
(xii) Procuration of minor girls (section 366-A IPC)
(xiii) Importation of girls from foreign country (section 366-B IPC) (under 18 years of age)
(xiv)Buying of minors for prostitution (section 373 IPC)
(xv) Selling of minors for prostitution (section 372 IPC)

2) Crime against children under Special and Local Laws


i) Prohibition of Child Marriage Act, 2006
ii) Transplantation of Human Organs Act 1994*(for persons below 18 years of age)
iii) Child labour (Prohibition & Regulation) Act, 1986*
iv) Immoral Traffic (Prevention) Act, 1956*
v) Juvenile Justice (Care & Protection of Children) Act, 2000*
vi) Protection of Children from Sexual Offences Act, 20123

Infanticide, Rape, Child Marriage and Child labor are the most widespread offences against
children in India. These offences are very serious in nature and the government even after
making such strict laws fails to curb these offences from India especially from Central. Madhya
Pradesh and Rajasthan are the 2 states where the offences against children are at its peak efforts
are being made by authorities to reduce these offences in order to provide a healthy childhood to
children living in these areas.

3
DR. Pratap S Malik, A Complete Guide to Protection of Children from Sexual Offences Act (POSCO)
CHILD ABUSE
Over the ages infanticide, ritual sacrifice, exposure, mutilation, abandonment, harsh discipline,
and exploitation of child labor have been only some of the ways in which children have been
exploited. Infanticide-the killing of infants with the explicit or implied consent of father or
mother and the community-has been a form of birth control, a way of avoiding the shame of an
illegitimate kid, a method of disposing of a weak or deformed child, and a means of religious
beliefs. Numerous religions have shown the requirement that the first-born be sacrificed to an
angry god. In some societies, female children were sacrificed because they were considered
useless. Abandonment or exposure to the elements of a child who was not wanted or who could
not be provided for was a form of feticide that was common in ancient societies.
Ancient Greece knew introduction and infanticide well. The favorite figure within the comedy of
the fourth century, B.C., was the child who had been uncovered, spared, and afterward found by
his guardians. In Greece a child was the supreme property of his father, who had to choose
whether he would live or pass on; on the fifth day after birth, at the ceremony of Amphidromia,
the father was constrained to decide whether or not to get the infant into the family. Beneath
Greek law property was isolated among the male children. Hence, the father can be slanted to
raise the primary son, while the second would be uncovered in order not to weaken the
inheritance. Girls were less vital and more frequently exposed. The task of exposing a child was
performed by a slave or midwife, who would take him to public put early in the day, hoping that
he may be rescued. Often, profitable objects were cleared out with the child as an inducement to
rescue.
Under ancient Roman law the father had a power of life and. death (patria potestas) over his
children that extended into adulthood. He. could kill, mutilate, sell, or offer his child in sacrifice.
While infanticide was not common in Rome, exposure was widespread. Although the exposed
child usually died, he might be rescued for pity or for profit. A Roman mother, who was obliged
to follow the order of the father, would sometimes arrange for the exposed child to be rescued.
During periods of prosperity a Roman father might sell the services of his son under an
arrangement akin to an apprenticeship or a labor contract. Eventually, however, some reforms
came about: No child might be killed before the age of three; male children were to be saved,
perhaps for military reasons. Later the law permitting infanticide was abolished, although infants
could be sold into slavery. Under Emperor Hadrian, a father who had killed his grown son for
committing a crime was banished under the maxim "patria potestas in pietate debet, non in
atrocitate, consistere. '' The Bible contains many references to infanticide. Whatever its
historical accuracy, the Bible does reflect man's concerns throughout history. From the Old
Testament we have the story of Abraham, whose loyalty to God was tested when he was
instructed to offer his son, Isaac, as a burnt offering. A ram was substituted when God was
satisfied of Abraham's faith and love." One writer has interpreted the Jewish tradition of
circumcision as a substitute for the religious sacrifice of human life by the command of God to
Abraham. The story of Moses is a Biblical example of abandonment or exposure.
Christianity began with the Slaughter of the Innocents, when Christ escaped the order of King
Herod that male infants be killed." There was a time in many Christian countries when children
were whipped on Innocents Day in order to make them remember Herod's massacre
The great Semitic religions-Judaism, Christianity, and Islam-have always protested against the
slaughter and misuse of children. The early Christians preached against infanticide and exposure
as murderous acts, and the church became the place where mothers abandoned their children,
knowing that the priest would place the children with someone in the parish." In the sixth century
the European religious orders began to provide asylums for abandoned children to combat the
practices of exposure and infanticide, and St. Vincent de Paul established his first children's
institution after rescuing an infant from a beggar who was in the process of deforming its limbs.'
Yet these reform movements were manifestly inadequate, and legal interdiction of the
abandonment of children that was passed in the sixteenth and seventeenth centuries was largely
ineffective. During this Golden Age of France, hungry orphans roamed and begged in the streets
of Paris, and a child lying dead in the streets was not uncommon.
Labour legislation of the Dharmashastra shows that public conscience was alive to the
fundamental inequality in distribution of wealth because these protective laws were themselves
derived from ancient tradition. The economic status of the slaves, hired labourers and unskilled
was worse.4

CHILD LABOR
4
Radhakrishna Chaudhary, Economic History of Ancient India, 1982, p.146
The child labour is a complex and a controversial issue. The existence and perpetuation of child
labour is a challenge to the human society. It is really a curse and stigma upon the society;
disgrace for the world of mankind, a malady which may destroy the economic backbone of a
country. The practice of child labour would be an impediment in the way of human development
in almost all the third world countries including India. The issue of child labour is one of major
human rights issues and a highly emotive one. The problem of child labour in underdeveloped
and developing countries is quite acute and abnormal and it is a global phenomenon which exists
in almost all the countries of the world, but there is difference only in degree.5
Since ancient time, child labour existed in the Indian society in one form or the other. But the
pattern of existence was to some extent different in ancient India. Then, the child labourers were
regarded as ‘child slaves’. Slaves of tender ages, may be less than eight years of age were
purchased by the masters for rendering the low and dishonourable work. Slavery (Dasya) was
one of the most pernicious practices that had been in existence since ancient times which was an
affront to humanity and human dignity. By this custom some class of human beings were to be
the owners and masters of some less fortunate human beings, and treated them as chattels.
During this period children of slaves were born as slaves, lived as slaves and died also as slaves,
unless their master was pleased to release them from the clutches of slavery. Then the law-
givers except Kautilya, were silent on this point and did little to abolish this inhuman practice of
keeping child slaves. Mlechhas were not only backward, but also uncivilized. During that period
child slaves could be purchased or sold like commodities. Mlechhas may sell or mortgage their
own offspring, but an Arya shall never be subjected to slavery. Selling or mortgaging an Arya,
who is not born a slave, by a kinsman is punishable by fine
Further, if an Arya child was sold or pledged with someone, then all the parties to the contract,
including witnesses were liable to be punished and the degree of punishment was to depend upon
the status of the parties. Kautilya considered child slavery as degrading to make children work on
such jobs and hence, prohibited the purchase and sale of slave children.
Kautilya realised that children were not physically fit to do ignoble work and rendering such
work by them was considered in-human and degrading. So he strictly prohibited the purchase or
sale of slave children of less than 8 years of age. Although Kautilya was not in favour of
employment of children, still they were employed in large scale in agriculture and domestic
services. During Ancient India, children were exploited by their employers and the wages were
paid to them was very low. There was no definite form of payment of wages. It was paid either
in cash or kind, as such then barter system was practiced.

Labour legislation of the Dharmashastra shows that public conscience was alive to the
fundamental inequality in distribution of wealth because these protective laws were themselves
derived from ancient tradition. The economic status of the slaves, hired labourers and unskilled
was worse.

There was a harsh social reality of child’s condemned life. Prior to the nineteenth century, there
was a considered notion to treat child as human chattel. The child was human property of the

5
Umesh Sahoo, Child Labour in Surath Textile Industry, Social Change Vol.20.N0. 3, September, 1990 , p.20
parents and owed them total subservience. The parents enjoyed an absolute right to the child’s
services and earnings and full control over the child’s person and property.
Further, child labour was existing in ancient India in the form of slavery. Slavery was common in
the past. The adult male and female slaves who worked in their masters houses and children born
to them were owned by the masters. The children of such slaves and bonded families were also
owned by the masters. The masters obviously did not rear them just for the sake of rearing. As
soon as they grew up either they were sold to other slave owners or made to work in their
masters houses and fields as menials and cowheards. In the primitive slave-holding stage of
history the slaves were the chief source of labour and income. The process, however, continued
till the advent of the industrial era, which freed from personal slavery to the feudal lords, but,
enslaved them to capitalist means of production.
Aryans arrived to India as invaders who introduced the disastrous ‘varna’ system which
provided the wherewithals. In the ‘varna’ system the ‘shudraas’ were given the lowest of the
low status in social hierarchy. It is the men, women and their children who basically provided the
‘upper’ social exploiter strata with surplus product. So, one can infer from such past operation of
social system that, the children of the ‘shudraas’, slaves and other conquered groups were
obviously made to work for their victorious masters and exploiters.
Thus, it is evident that, children were engaged in agricultural sector and exploited by land lords
and child labour in ancient India was very common and could be witnessed in different
occupations where they were engaged by the rich landlords to carryout activities directly or
indirectly related to their agricultural sector.

Child Marriage
In the earliest known history of India from 200 BC to 700 AD, young women and men rejoiced a
liberal concept of love and they had the freedom to choose a partner and enter into romantic
relationships with each other without any fear of scandal. However, from Middle Age, as states
and government developed, the political system elaborated and modified the Indian society
gradually. It transformed the lifestyle and opinion of its people from a simple to more complex
form, restricting significantly the notion of liberty. Women lost their rights and had to obey rules
and respect the code be behaviour. They were now subject to family discipline and the honour of
their clan. Since young women were considered irresponsible and irrational in love, parents
married them early before they got caught into any scandal. Though, age at which the girl was to
be married differed and it was rare for girls younger than 12 to be married in antiquity.
Nevertheless, girl brides became younger towards the Medieval period, and it became
increasingly common for girls as young as six or eight to be married as Indian society. The prime
concern of negotiating the marriage was to find out the compatibility between the two families. It
was believed during those times that if two persons know each other right from childhood it
enhanced understanding and affection. Hence, parents decided on the marriages of their children
at a very early age although the daughter stayed with her parents until she attained the age of
puberty.
Not all types of marriages of ancient India had religious sanctions. All these eight different forms
of marriages varied as the rituals and rites of the ceremonies were different from each other and
some of these marriages are still in practised in Hinduism.6
As per the Hindu philosophy, marriage is not just a process of coming together of the
individuals, but it is also a holy bond and a commitment which lasts a lifetime. Even the holy
scriptures of the Vedas the sacred Hindu texts suggest that an individual should enter the phase
of Grihasta “household” after his or her student life. Thus, it can be said that marriage is almost a
mandatory custom in the life of all the Hindus. According to the philosophy of the Vedas, there
is a restriction on child marriage. The age of marriage for a boy is 25 years or more and that of a
girl is 18 years or more.

However, from the Middle Ages to the present day the custom of child marriage against Vedas
persists in India. There are many reasons to believe that this custom actually originated in the
medieval time when the political climate was unstable and law and order was not yet fixed on the
national level. Arbitrary powers were concentrated in the hands of a hierarchy led by a despotic
monarch. The predatory Sarasenic feudal lords and princelings of Sarasenic origins who ruled all
over India in the Middle Ages were a source of a constant threat. Hence, parents would seek to
get over with the responsibilities of their daughters by getting them married very young.
More than 40 per cent of the world’s child marriages take place in India, even though the legal
age for wedding is 18, reported UNICEF. Child marriage is of course banned in India and the
Indian government has taken a strong step to tighten laws against child marriage, but
unfortunately this custom continues to exist in spite of legal interdictions. According to the new
bill, Prohibition of Child Marriage Bill 2006, the priests, police or local leaders will be jailed and
fined if they will be found indulged in this illegal practice, declared Renuka Chowdhury,
minister for women and children. This bill grants protection to many children forced into
6
Sanjay Koshik, Child Marrige in Indian History, https://terredasie.com/english/english-articles/history-of-child-
marriage-in-india/
marriage every year in the rural parts of the country. They are forced to consent with their
parent’s decision or choice. Very often, they are even too young to understand the significance of
marriage and do not understand the gravity of the event. Young girls are threatened, bullied,
blackmailed and emotionally exploited.
Indian society is actually very complex, infested with same age-old beliefs, cultural and social
interdictions, outdated rites and customs. In a country where ignorance and poverty are
dominating factors, early marriage is often perceived as the only option for girls and is often seen
by parents of young girls as a means of securing both their own and their daughter’s future. The
causes and consequences of child marriage are intrinsically linked, including girl’s lack of
autonomy and low levels of education, poor health status, poverty and overall low
socioeconomic status.

Infanticide
Today, the thought of infanticide – the intentional killing of infants – fills us with horror, but in
many ancient societies, not only was this practice permitted, it was considered a regular fact of
life. From escaping prophecies to avoiding shame, there were innumerable reasons why parents
in the ancient world thought it necessary to kill their offspring or leave them to the elements to
die a ‘natural’ death.

Infanticide in Mythology
Infanticide is a recurring motif in the mythology of ancient Greece. In Hesiod’s Theology, for
instance, the Titan Cronus practises infanticide by devouring his children as soon as they were
born. This was done so as to prevent the prophecy that he would one day be dethroned by his
own children from coming true.
The association between prophecy and infanticide is also present in other Greek myths, for
instance, those of Oedipus, the king of Thebes, and the hero Perseus. In the former, Oedipus’
father, Laius, the king of Thebes, was warned by an oracle that he would one day be killed by his
own son, who would also marry his own mother. Therefore, when his wife, Jocasta, bore him a
son, Oedipus, the king gave the baby to a servant to be abandoned on a nearby mountain.
Oedipus, however, was rescued by a shepherd, and eventually fulfils the prophecy.
A similar plot is seen in the story of Perseus, in which his grandfather, Acrisius, the king of
Argos, receives a prophecy from the oracle at Delphi that he would be killed by his daughter’s
son. Although the king imprisons his daughter, she was impregnated by Zeus, and gives birth to
Perseus. Acrisius places his daughter and infant grandson into a box, and casts them out into the
sea, hoping that they would be killed. The box, however, washes up on an island, and Perseus
and his mother are rescued by a fisherman. Like the myth of Oedipus, the prophecy received by
Acrisius is also fulfilled.7

Romans Accuse Carthaginians of Child Sacrifice


Infanticide for the purpose of child sacrifice is alleged to have been practised by the
Carthaginians. According to Roman writers, as well as early Christian ones, the Carthaginians
would regularly sacrifice infants to their gods by burning them alive. Archaeological excavations
have revealed a special cemetery at the site of Carthage, known as the Tophet, where the urns
containing the cremated remains of thousands of babies are held. The interpretation of the site,
however, has divided archaeologists. Whilst some regard the Tophet as evidence that the
Carthaginians did practise child sacrifice, others maintain that the cemetery was used for the
burial not only of infants, but also of fetuses and stillborn individuals. Whether the Carthaginians
really did sacrifice their children, or this was simply Roman propaganda is still up for debate.

Infanticide in Asia
Infanticide was practiced in other parts of the ancient world as well. In traditional Chinese
culture, for instance, female children are viewed as less desirable, as only sons could perpetuate
the family line. In times of poverty and famine, female babies were even considered to be
liabilities, thus leading to the practice of infanticide.In traditional Indian culture, parents of girls
are required to provide a suitable dowry when she marries. Therefore, female babies were
considered to be financial burdens, which allowed them to justify their killing at birth.
Discrimination against female infants is also reported to have occurred in pre-Islamic Arabia. It

7
Wu Mingren, Infanticide In History, Ancient History, https://www.ancient-origins.net/history/infanticide-0011396
was normal at that time for female infants to be buried. This practice, however, was prohibited
with the advent of Islam.

FEMALE INFANTICIDE IN INDIA

During medieval period the practice was, no secret. Though Emperor Jahangir did try to ban it
and some enlightened Indian princes frowned upon it, it had become so much a part of socio-
re1iglous ethos that to destroy it totally, was beyond the capacity of any Indian ruler brought up
in the same socio-religious frame-work. The British rulers of India brought with them an entirely
different outlook to social life. Indenting the humanistic traditions of Renaissance and Protestant
individualism of the Reformation, their frame of value structure differed totally from that of the
traditional Indians, It was but natural for them to be morally shocked, at this Ajanton destruction
of human life. The existence of the custom of female infanticide was first seriously noted in 1789
among a tribe of Hindus called Rajkumars in the district of Benaras. The discovery was made by
Jonathan Duncan, the then English Resident at Benaras. He happened to discover it accidentally
while conversing with the local landlords. The fact was fully authenticated by the evidence and
confession of the Rajkumars. This custom "is thought to be founded in the Rajkoomar tribe on
the inherent extravagant desire of independency entertained by this race of new, joined perhaps,
to the necessity of procuring a suitable settlement in marraige for these devoted females were
they allowed to grow up and the disgrace which would ensue from any omission in that '
respect".

way of killing the female child was throwing into the river. The people, who lived mostly on
nearby the river Ganga, generally threw their female infants into Ganga river. It was due to the
fact that the community, especially the Hindus considers Ganga river as a holy river or river
God. Their belief in the purity of water of the Ganga is so ingrained that a dip in the Ganga river
is sure to purify them of all their sins. Besides this, there is also a saying that under peculiar
circumstances, some of the Hindu parents offered their first born child to Gangas, considering
themselves free of their sins. However, the female baby hurling into the river was common
during this period. This may also be observable from the fact that “Maharaja Dalip Singh, son of
Ranjit Singh, mentions that he had actually seen when he was a child at Lahore, his sisters put
into a sack and thrown into the river”(Grover, 1984:Stanely & Kumari,2010). To say, such
practice thus, was a very common incident that was amazingly rampant in Indian social setup
during the colonial period. So, it can reasonably be conjectured that the preference of a boy in
the Indian family system is so embedded that even, some of the infant’s parents or the family
members were not reluctant to commit such a barbarous and horrific act.

CHILD TRAFFIKING
Slavery had existed for many years prior to 1200, and was a common form of everyday life
worldwide. However, in the 1400's, it started the beginning of European slave trading in Africa
with the  Portuguese transporting people from Africa to Portugal and using them as slaves.
Britain joined the slaved trade in Africa in 1952. During the 1600s, other countries became more
involved in the European slave trade. These included Spain, North America, Holland, France,
Sweden,Denmark.

Human trafficking for sexual purposes was first legally recognised by the term 'white slavery'.
According to Kristina Kangaspunta, 'white slavery' is obtaining a white woman or girl- by the
use of force, drugs, or by dishonesty- for sex which is unwanted by the woman or girl.
Kangapunta, has argued that international governments began to discuss 'white slavery' after the
Transatlantic slave trade was made illegal in the 1700's.In 1807, Great Britain passed a law that
made the Transatlantic Slave Trade illegal. In 1820, the United States was right behind Great
Britain's example by making the slave trade a crime that was punishable by death. In 1899 and
1902, world wide conferences to discuss white slavery were arranged. 1904, an world wide
agreement against the 'white slave trade' was created, with a focus on migrant women and
children. In 1910, 13 countries signed the International Convention for the Suppression of White
Slave Trade to make this form of trafficking illegal. However, despite the new laws, human
trafficking still existed internationally. 

Women and young girl victims were (are)  used for sex, while men and young boys were forced
to do labor for no or little pay. However, human trafficking of children is most common. King
and Queens in Europe, in 1904, signed an agreement, the International Agreement for the
Suppression of the White Slave Traffic. The agreement included combating the traffic of women
and girls in their countries. Later on, 12 countries signed International Convention for the
Suppression of the White Slave Traffic as well. In 1923, the British colonial government in Hong
Kong, passed the law of banning the selling of girls as domestic slaves. Countries all over the
world started signing the law of banning the trafficking and selling of people. Forced labour and
sexual exploitation was at its all time high during the 1900's. In 1927, after WWI, the League of
Nations was founded. It had the goal maintaining world peace and also focusing on international
issues such as human trafficking. The idea of White Slave Traffic was changed to "traffic in
women and children" so that everyone was included with no discrimination to race. Children of
both genders were also recognised as victims of trafficking. 

Free the Slaves, an American charity organisation of Anti-Slavery International, was launched in
the United States. This organisation is one of the most influential movements in history. This
organisation, highlighted the effects of human trafficking. Approximately 80% of trafficking
involves sexual exploitation, and 19% involves labor exploitation. There are approximately 20 to
30 million slaves in the world today. Human trafficking is the third largest international crime
industry (behind illegal drugs and arms trafficking). It reportedly generates a profit of $32 billion
every year. Of that number, $15.5 billion is made in industrialised countries.
Today, many charities and organisations help free and save the lives of those trafficked. 
World War I and Trafficking in Women and Children
The crisis of the First World War drew attention from the efforts against white slavery, as the
war and the rebuilding of Europe played out. However, out of the First World War arose the first
international organization of nations: the League of Nations. This was the first time that
agreements could be made within a set organization, with more pressure to comply.

The mandates given to the various Allied Powers over nations in Africa and the Middle East
brought attention to the international trafficking in all women, not simply white women; and
additionally in children, both male and female. In 1921, 33 countries at a League of Nations
international conference signed the International Convention for the Suppression of Traffic in
Women and Children. At this time, human trafficking only covered trafficking for purposes of
sexual exploitation and prostitution.

Child trafficking has always been one of the most serious offence against children. Child
trafficking is also issue all over the globe, efforts are being made by every government to stop
child trafficking in every corner of the world. Childrens are being harassed and being pushed into
child trafficking since their early childhood. As slavery existed in the history child trafficking
was also one of the most important part of the slavery. Trafficking existed and still exist in
almost every country in this world. We need to seroius actions against the trafficking that is
going on as it is now a billion dollar business. People involved in this business have strong
connection And are easy to fight

CONCLUSION
Offences against children had always been present in the history of this universe from ancient
rome to ancient Greece to ancient and medieval India. There were traces of many abuse such as
child labour, child marriage, child abuse, infanticide and many other forms of child cruelty.
Child abuse includes infanticide, ritual sacrifice, exposure, mutilation, abandonment, harsh
discipline, and exploitation, there were harsh punishment for children and beating children to
discipline them was a normal practice. Child abuse is not only been done physically but also
mentally. A child going through child abuse can have a dangerous effect on its mental as well as
physical health. Child labour was always present in the society in some or the other form major
of which was the practice of Child slavery. Child slavery includes selling of children which
comes in trafficking and making the child work against his/her will. Child slavery was prevalent
in India from ancient to medieval period.

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