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CHANAKYA NATIONAL LAW UNIVERSITY

LEGAL FRAMEWORK FOR TRAFFICKING IN INDIA

India has a fairly wide framework of laws enacted by the Parliament as well as some State legislatures, apart from provisions of the Constitution which is the basic law of the country

Article 23 of the Constitution Guarantees right against exploitation; prohibits traffic


in human beings and forced labor and makes their practice punishable under law. It is to be noted that the protection of this article is available to both citizens and noncitizens of the nation.

Article 23 embodies two declarations. First traffic in human beings beggar and other similar forms of forced labor are prohibited. The prohibition applies not only to state but also to private persons, bodies and organization. Second any contravention of the prohibition shall be an offence punishable in accordance with law. Under article 35 of the Constitution laws punishing acts prohibited by this article shall only be made by the Parliament, though existing laws on the subject until repealed or altered by the parliament are saved. Traffic in human being means to deal in men and women like goods such as sell or let otherwise dispose them off. It would include traffic in women and children for other immoral purposes.1 The Immoral Traffic (Prevention) Act2 is a formal. In pursuance of article 23 the bonded labor act was abolished and deemed illegal by the Bonded Labor (Aboliltion) Act3. Beggar means involuntary work without payment. It is fundamental right of person, citizen or non citizen, not be compelled to work without wages, the only exception commonly imposed public services. The guarantee is not restricted to beggar alone but also includes other similar forms of forced labor. To ask a person to work against his will without any wages can be imposed for punishment as it is a crime.4 But even if payment of wages is not in question, a person cannot be compelled o work against his will. It must however not be supposed that in no circumstances can a person be required to work against his will. Thus a

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Raj Bahadur v. Legal Remembrancer AIR 1953 SC 1409 1956. Fomerly known as the Supression of Immoral Traffic in Women and Girls Act, 1956. Also Gaurav Jain v. Union of India, (1997) 8 SCC 114; AIR 1997 SC 3012 3 1976 4 Suraj Narain v. State of Madhya Pradesh AIR 1960 MP 303

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CHANAKYA NATIONAL LAW UNIVERSITY person cannot be compelled to work against his will. Thus a person who has been sentenced to a term of imprisonment would not be entitled to refuse manual labor imposed as punishment for crime. In this regard the courts draw distinction between under-trial prisoners and convicted prisoners. The convicted prisoners may either be going a simple imprisonment or a rigourous imprisonment. Prisoners undergoing rigourous imprisonment may be compelled to work by court. Others cannot be so compelled. The other however maybe allowed to work by prison authorities. Likewise, a perso nwho voluntarily entires into a contract of serivce cannot claim

In the case of Peoples Union for Democratic Rights v. Union of India5the Supreme Court considered the scope and ambit of article 23 in detail. The court held that the scope of article 23 is wide and unlimited and strikes at traffic in human beings and beggar and other forms of forced labor wherever they are found. Thus this article strikes at forced labor in whatever form it may manifest itself because it is violative of human dignity and contrary to basic human values. Here the word force was construed widely as to include not only physical or legal force but also force arising out of compulsion of economic circumstances.

Article 24 of the Constitution Prohibits employment of children below 14 years of


age in factories, mines or other hazardous employment. Employment of children below the age 14 years in any factory or mines in hazardous occupation is prohibited. This provision is in the interest of the health and strength of young persons and is in keeping with provisions of directive in article 39(e) and (f). but in view with our socio economic realities the constitution makers could not prohibit the employment of children generally. In the case of M.C. Mehta v. State of Tamil Nadu6it was noted that human trafficking in the form child labor was a widespread menace. Therefore it issued wide ranging directions in the context of employment and exploitation of children by providing for education and etc for the children.

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AIR 1982 SC 1943 (1996) 6 SCC 549: AIR 1997 SC 2218

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CHANAKYA NATIONAL LAW UNIVERSITY

Article 39- Certain policies to be followed by the state This article specifically requires the state to ensure for its people adequate means of livelihood, fair distribution of wealth, equal pay for equal work and protection of children and labor thus human trafficking. The makers of the Constitution did not desire that it should be a society where a citizens will not have the dignity of the individual.7

Keshavanada Bharti v. State of Kerela (1973) 4 SCC 225, 458 (per Shelat & Grover, JJ.) AIR 1973 SC 1461.

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CHANAKYA NATIONAL LAW UNIVERSITY

CONCLUSION
After a thorough analysis of each and every aspect of human trafficking, we realise that the risks involved for a trafficker need to be enlarged through various provisions of laws. In India specifically one needs to ensure the level of cooperation between the victims of trafficking and law officers should be increased to bring such low-less creatures to justice. Globally further steps should be taken to ensure that awareness is spread. The international cooperation at the level of police and at a judicial level should be increased, among both the country of origin, transit or destination. International cooperation also requires specialize departments of traffic control; it is necessary to sanction all the activities of the participants in this crime; it is also necessary to establish and exploit in a consistent mode the possibilities of confiscation of the profits of the criminals.

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