Human Trafficking

Studying it under the Indian Penal Code

-Shivi Chola
Registration No.- 19B153
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Principle behind introduction of Trafficking Laws

1. Human Rights Law- It prohibit trafficking-related practices such as- Slavery, servitude,
child sexual exploitation, forced marriage, servile forms of marriage, child marriage,
enforced prostitution and the exploitation of prostitution.
2. Human Rights of Trafficked persons- In order to safeguard the human rights of
trafficked persons, there are penal provisions for those who traffic, in order to act as
deterrence.
3. Obligation of State- The United Nations General Assembly and the Human Rights
Council have repeatedly affirmed that trafficking violates and impairs fundamental
human rights, as have many of the international human rights mechanisms. Further, there
are several conventions such as- Convention on the Rights of the Child, Convention on
the Elimination of All Forms of Discrimination against Women et cetera. These
conventions and International Bodies bind the state to protect the rights of all persons.
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Laws against Human Trafficking in India

1. Article 23 of the Constitution of India.
2. Section 370 of the Indian Penal Code
3. Immoral Traffic Prevention Act (ITPA) also known as PITA Act, 1986
4. Social legislations such as - Protection of Children from Sexual Offences 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.
Some state governments have also enacted special legislations to deal with the issue.
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Varied aspects of Human Trafficking under IPC

1. Section 363 A (Kidnapping or Maiming a minor for the purpose of begging);
2. Section 366 A (procuring a minor girl for sexual exploitation);
3. Section 366 B (importation of a girl from a foreign country for sexual exploitation);
4. Section 371- This section provides for the punishment of the slave-trader who is habitually
engaged in the traffic of buying and selling human beings. The preceding section dealt with
the casual offender.
5. Section 372- This section requires:—
(1) Selling, or letting to hire, or other disposal of a person.
(2) Such person should be under the age of eighteen years.
(3) The selling, letting to hire, or other disposal must be with intent or knowledge of likelihood
that the person shall at any age be employed or used for
(i) prostitution, or
(ii) illicit intercourse with any person, or
(iii) any unlawful and immoral purpose.
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Varied aspects of Human Trafficking under IPC

6. Section 373- This section requires—
1. Buying, hiring or otherwise obtaining possession of a person.
2. The person should be under the age of eighteen years.
3. The buying, hiring, or otherwise obtaining possession must be with intent or
knowledge of likelihood that the person shall at any age be employed or used for
(i) prostitution, or
(ii) illicit intercourse, or
(iii) any unlawful and immoral purpose.
7. Section 374- This section is intended to put a stop to the practice of forced labour. It
requires—
(1) Unlawful compulsion of any person.
(2) The unlawful compulsion must be to labour against the will of that person.
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Criminal Amendment Act of 2013

What led to the Criminal Amendment Act (2013)?
Justice Verma Committee was set up after the tragic Delhi gang-rape incident. Then came
Criminal Amendment Act, 2013- major changes were made in relation to trafficking under
section 370 of IPC and section 370 A was added. It emphasized on the synergy between
penal and other legislations as well as institutional support mechanisms.
Impact of the Amendment?
Amendment of 2013.—Vide the Criminal Law (Amendment) Act 2013 (Act 13 of 2013),
the entire section has been changed so as to enlarge the scope of the offence and include
within its purview not just the mischief of slavery, but trafficking in general
—of minors and also adults, and also forced or bonded labour, prostitution, organ
transplantation and to some extent child-marriages.
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Changes made by Criminal Amendment Act of 2013

1. It defined the term human trafficking in art. 370 of the IPC.
2. It also prescribes rigorous punishment for the commission of the offence of trafficking
and more severe punishment when the victim is more than one person or trafficking
involved minor persons.
3. Completely changed Section 370 of the IPC: Trafficking of persons. Earlier it was :
Buying or disposing of any person as slave.
4. Added Section 370 A: Exploitation of a trafficked person
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Section 370 (1) of IPC

Section 370- 1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d)
transfers, or (e) receives, a person or persons, by—using threats, or
i. using force, or any other form of coercion, or
ii. by abduction, or
iii. by practising fraud, or deception, or
iv. by abuse of power, or
v. 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
This section makes penal—
(1) the importation, exportation, removal, buying, selling of a person as a slave;
(2) the disposal of a person as a slave; and
(3) the acceptation, reception, or detention, of any person against his will as a slave.
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Punishment under Section 370 for Human Trafficking

1. Trafficking of persons[2] - 7 to 10 years + Fine
2. Trafficking of more than one person[3] - 10 years to life + Fine
3. Trafficking of minor [4]- 10 years to life + Fine
4. Trafficking of more than 1 minor [5]- 14 years to life + Fine
5. Persons convicted of the offence of trafficking of minor in more than one occasion[6]
- Imprisonment of Natural-life + Fine
6. Public Servant or police officer involved in trafficking of minor[7] -Imprisonment for
Natural -Life + Fine.
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Important Case Laws

•People’s Union for Democratic Rights v. Union of India AIR 1982 SC 1473
The court held labour performed below minimum wage will be forced labour and violative
of persons fundamental right under art. 23 of Constitution of India.
•Laxmi Kant Pandey v. Union of India (1984) 2 SCC 244
The court laid down guidelines for inter-country adoption of children in order to avoid
trafficking of children.
•Vishal Jeet v. Union of India, (1990) 3 SCC 318 
Formation of Advisory Committee ordered for all States and Union Government to Combat
Trafficking.
•Geeta Kancha Tamang v. State of Mahrashtra Criminal Appeal No. 858 of 2009
Sealing of Brothel will ensure in curbing organised crime.
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Important Case Laws

•State of Punjab v. Gurmit Singh [(1996) 2 SCC 384: 1996 SCC (Cri) 316]
Sexual Offenders should not be shown leniency. Examination of the victim should be in
camera and anonymity of the victim should be maintained. No questions should be asked
on a victim character.
•Kamaljit v. State of NCT of Delhi 2006
Trafficking is an organised Crime and stringent measures are required to combat it.
•Budhadev Karmaskar (3) v. State of W.B., (2011) 10 SCC 277
Supreme Court appoints a Panel to monitor and suggest Rehabilitation scheme for
Trafficked Sex Workers and Trafficked Victims.
THANK YOU
SHIVI CHOLA- 19B153