LEGAL PROVISIONS

1. IMMORAL TRAFFIC (PREVENTION) ACT, 1956

In 1956, Government of India signed the International Convention for the Suppression of
Immoral Traffic in Persons and the Exploitation of the Prostitution of others, which resulted in
the enactment of the Immoral Traffic (Prevention) Act (amended in 1986). The primary
objective of this legislation was to combat immoral trafficking. The statute makes prostitution
unlawful and specifies the penalties for operating a prostitute business. Anyone who aids in
the prostitution industry in any way, including facilitating the recruitment of prostitutes or
transporting, transferring, harboring, or receiving those who have been trafficked, is also
subject to prosecution.

2. CONSTITUTION OF INDIA
Article 23 of the Constitution guarantees citizens the right to be protected from
exploitation. Human trafficking, child labor, untouchability, and other similar
practices are all specifically forbidden under Article 23. Although slavery is not
specifically mentioned in the Article, it is covered under the definition of human
trafficking. The case of Raj Bahadur v. Legal Rememberer reaffirmed the illegality of
human trafficking under Article 23.
Article 39 of the Constitution stipulates that men and women have the right to a
sufficient means of subsistence and equal remuneration for equal effort, without being
compelled to work for economic purposes. To enlarge its application, the 42nd
Constitutional Amendment Act of 1976 amended Article 39(f) of the Indian
Constitution,1950. Children and young adults are now shielded from moral and
material abandonment, as was previously established in Article 39(f).
3. INDIAN PENAL CODE, 1860

The Indian Criminal Code from 1860 is the primary legal authority on trafficking crimes in India. It
specifies that trafficking occurs when someone (i) enlists another person, (ii) transports that
person, (iii) harbors that person, (iv) transfers that person, or (v) receives that person with the
intent to exploit them. Human trafficking relies on abduction and kidnapping, both of which are
illegal under the IPC. In addition, all acts of human trafficking and their exploitation are now
illegal under section 370 of the Criminal Law (Amendment) Act, 2013. According to Sections 372
and 373, anyone who employs, sells, purchases, disposes of, or obtains a juvenile for the
purpose of prostitution is subject to a fine and up to ten years in prison. It is stated in Section
366-B that anyone who brings in a female under the age of 21 with the intent to force her into
sexual activity with another person shall be subject to jail and a fine. Those who engage in
human trafficking with the intent to exploit others through forced labor face harsh penalties
under Section 374.

4. BONDED LABOR SYSTEM(ABOLITION) ACT, 1976

When employers provide employees with high-interest loans and then

force them to work under undesirable conditions for reduced salaries until
the debt is repaid, a practice known as bonded labor is created. Workers
who were forced to labor on bonds were rescued by the Bonded Labour
System (Abolition) Act of 1976.

5. Transplantation Of Human Organs and Tissues Act, 1994

The criminal penalties associated with organ trafficking and human organ harvesting are
addressed in this Act.
6. Protection of Children from Sexual Offences Act, 2012:
The purpose of its development was to strengthen existing protections against child sexual
exploitation and abuse in the law. In the first of its kind, a law specifically addressing sexual
crimes committed against children has been enacted.
7. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) act, 1989

The Scheduled Castes and Tribes (Prevention of Trafficking in Persons) This act proves to be a
powerful tool in the fight against human trafficking. If a member of a SC/ST group is coerced into
performing forced labor, they will face the penalties outlined in this section.

8. Child and Adolescent Labor (Prohibition and Regulation) Act, 1986

This law is intended to fight the practice of trafficking children for the purpose of forced
labor by making it illegal for minors to work in any capacity.
9. Trafficking of Persons (Prevention, Protection and Rehabilitation Bill, 2018)

When it comes to reducing the prevalence of human trafficking in India, this bill is crucial. These
are some of the most salient features of this bill:

a. The bill creates a statutory basis for the prevention, detection, and prosecution of human
trafficking of all types, as well as for the protection, care, and reintegration of victims.

b. The Law creates investigative and rehabilitation authorities at the local, state, and federal
levels. To aid in the rescue of victims and the investigation of trafficking crimes, anti-trafficking
units will be established. Rehabilitation Committees would provide medical care and therapy to
the rescued victims.

c. The measure designates as "aggravated" certain forms of human trafficking. Human trafficking
for exploitative reasons such as forced labor, prostitution, childbirth, or accelerating sexual
development is one example. Penalties for severe cases of human trafficking are more severe.

d. The bill creates penalties for several crimes related to trafficking. Most of the time, the
penalties are more severe than what is required by law.

CASE LAWS

The Supreme Court of India upheld the legality of international adoptions in the case
Laxmi Kant Pandey vs. Union of India, outlining stringent regulations must be adhered in
order to safeguard children from abuse. This ruling marked a watershed moment in the
fight against human trafficking, as it led to a dramatic decrease in the prevalence of
adoption scams across the country.

Bonded laborers who were trafficked were the focus of the case Santhal Pargana
Antyodaya Ashram vs. State of Bihar and Others. These principles have proven to be
extremely beneficial for all released laborers.

Vishal Jeet vs. Union of India was the first case in which the connection between human
trafficking and child prostitution was examined. In their ruling, the court mandated that
all Union Territories and State Governments must order their local law enforcement to
take prompt and effective measures to end child prostitution in their jurisdictions. They
were also tasked with forming an independent Advisory Committee to provide input on
the next steps.

Human trafficking is also a blatant violation of the Right to Life protected by the Indian
Constitution, hence the Supreme Court ordered the Union Government to create a
committee to develop a National Plan of Action and to implement it on a mission basis in
the case of Gaurav Jain v. Union of India.

In Geeta Kancha Tamang v. State of Mahrashtra, the court noted that the prohibition on
trafficking in humans under Article 23 of the Indian Constitution is the primary
consideration in cases involving such a heinous crime. Hence, the freedom from
trafficking is a basic human right for every Indian.