INTRODUCTION

The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the

threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person, for the
purpose of exploitation is known as human trafficking. Precise figures for increase in the
number of such crimes cannot be determined. Even though men, women and children may be
all trafficked for various purposes, it’s mostly women who are trafficked for various
purposes. Current evidence strongly suggests that those who are trafficked into the sex
industry and as domestic servants are more likely to be women and children. Reports suggest
that men and boys are trafficking sectors generally differ by country or region. While there is
no doubt that a remedy can be provided for the victim of trafficking or slavery the practical
advantage of a claim in tort will depend to a great extent on the availability of suitable legal
representation and on the determination of the victim to see the litigation process through to a
conclusion. The defendants will be held liable to compensate the damages if found guilty.
However not every person will be in a position to commence and maintain a common law
claim. They might face evidentiary challenges and the practical difficulties in the
prosecution of civil claims. However he/she can pursue his claim under one of the Australian
states’ victims of crime compensation schemes or an application for reparation pursuant to
the Crimes Act 1914.

Trespass to person means a direct or an intentional interference with a person’s body or

liberty. A trespass in its original meaning “trespass” signified no more than “wrong” and in
early times the great bulk of trespasses were dealt with in the local courts. Acts of trespass to
the person are generally crime as well as torts. It is therefore necessary to outline briefly the
mechanism for awarding compensation for crimes high arise outside the context of tort law.
The law has now become more complicated in the area of conduct covered by the trespass
torts. For example an adviser may have to consider civil liability under the Protection from
Harassment Act 1997 which is in other respect much wider than trespass. Trespass to a
person might be committed negligently. No doubt it is necessary to draw distinctions to draw
distinctions between the different types of intentional torts to the person: one might, for
example, wish to restrict the category of cases actionable per se to situations where there was
some very immediate and intrusive interference with the claimant. However, it is
questionable whether the way in which the distinction is now drawn, on the basis of the
historical distinction between trespass and case, is defensible for all purposes. Under tort law,
an act does not constitute a trespass unless it is done with intention. If intention is found, it is
actionable per se under tort law. If trespass is committed due to negligence, it is not
actionable under tort law.
In both human trafficking and trespass to person, tort law is very much complex.
Understanding the basic principals outlined in this fact sheet will assist the readers in
identifying the subtle differences of each of the types.

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1.1 RESEARCH QUESTIONS

1. Why is human trafficking one of the major problems of the world?

2. What are the grounds on which trespass is determined?
3. How has the law become more complicated in the area of conduct covered by the
trespass torts?

1.2 EXISTING LITERATURE REVIEW

In this project, the researchers have adopted Doctrinal type of research. Doctrinal research
is essentially a library-based study, which means that the materials needed by a researcher
may be available in libraries, archives and other data-bases. This research is totally based
on library. Various types of books were used to get the adequate data essential for this
project. The researchers also used computer laboratory to get important data related to this
topic. Help from various websites were also taken. The researchers have gone through
various books, articles and did an in depth research on human trafficking and trespass to
person. The research paper of various professors of different universities around the globe
has been extensively used, for which they have been duly acknowledged.

1.2.1 http://apps.who.int/iris/bitstream/10665/77394/1/WHO_RHR_12.42_eng.pdf

This article focuses on the human trafficking cases in the world. It tries to raise the health
concerns of trafficking victims. To date, few prospective studies have been done on the health
needs of trafficking survivors. A 2006 quantitative study in Europe documented the physical,
sexual and mental health symptoms experienced by women trafficked for sexual exploitation.
In this multi-site survey of approximately 200 women, the majority reported high levels of
physical or sexual abuse before (59%) and during (95%) their exploitation, and multiple
concurrent physical and mental health problems immediately after their trafficking
experience. The most commonly reported physical health symptoms included fatigue,
headaches, sexual and reproductive health problems (e.g. STIs), back pain and significant
weight loss. Follow-up interviews with the women revealed that mental health symptoms
persisted longer than most of the physical health.
1.2.2 www.lawteacher.net>PDF> criminal-law

The article gave a detailed view on trespass as a tort which is frequently committed in
everyday life. Trespass as a tort has developed as it is today as a result of many changes and
modifications. The article gave a detailed overview on the abolition of old forms of action in
the 19th century and the relevance of intention in tort. It laid emphasis on the difference
between the situations where an act may amount to trespass or where it may not. It gave a
detailed understanding on the defences related to trespass so that the concept will help people
to exercise their rights and duties.

1.2.3. www..colman.ac.il> staff> documents

This article focuses on sex trafficking as strictly liable in torts towards the victims. These
kinds of strict liability are grounded in battery cases. It might appear that there might be
consent on the part of the victims which results in such kind of harm. This is primarily due to
two main reasons. The extreme coercion operated on the victim renders her consent void so
that an innocent third party cannot rely on the appearance of consent. Secondly, the client
should be considered as having constructive notice with respect to the trafficker’s coercion.
The article however hinges upon the fact that the client’s behaviour is faulty. Hence, he
should be subjected to compensation.

1.2.3 www.nycourts.gov>content>1.Civil Litigation

The article focuses on the relationship between the human trafficking and trespass to
person. The harms suffered by the plaintiff are mentioned in the article.
TABLE OF CONTENTS

1. INTRODUCTION
1.1. Overview
1.2. Research Questions
1.3. Literature Review
1.4. Scope and Objective
1.5. Research Methodology

2. HUMAN TRAFFICKING

3. FACTORS RESPONSIBLE FOR HUMAN TRAFFICKING

4. HEALTH CONCERNS OF THE HUMAN TRAFFICKING VICTIMS

5. TRESPASS TO PERSON

6. ELEMENTS OF TRESPASS TO PERSON

7. CONCLUSION

8. REFERENCES
CASE STUDY METHOD: A LEGAL RESEARCH APPROACH

Faculty in Charge

Dr. (Prof.) Vijender Kumar, Thangzakhup Tombing

Submitted by

Shubhangi Jain

UID: SF0115051

NATIONAL LAW UNIVERSITY, ASSAM

GUWAHATI

OCTOBER 31. 2015

There are many components of trespass to person

1) Assault

An assault is an act in which one person apprehends the infliction of immediate,

unlawful, force on another person. In the case of R v Meade and Belt 1 Lew CC 184
that no words are equivalent to an assault.

2) Battery

A battery is the actual infliction of an unlawful act. For a battery to take place
hostility is a necessary element. It was stated in R v brown that if an act was unlawful
then it was said to be hostile.

3) False Imprisonment

False imprisonment is the unlawful imposition of constraint upon another’s

freedom of movement from a particular place. In Murray v Ministry of Defence , Lord
Griffith said that if a person is unaware that he has been falsely imprisoned and he has
suffered no harm, he can normally expect to recover no more than nominal damages.
In the case of Wilkinson v Downtown , it relates to the intentional infliction of harm.
So the defence of False Imprisonment does not apply to this case.

COMPONENTS OF HUMAN TRAFFICKING

There are many components of human trafficking

THE ACT

Recruitment, transportation, , transfer, harbouring and receipt of persons.

2)THE MEANS
 It refers to the use of threat or use of force, coercion, abduction, fraud, deception,
abuse of power or vulnerability, or giving payments or benefits to a person in control
of the victim.

3)THE PURPOSE

It is basically done for the purpose of exploitation which includes exploiting the prostitution
of others, sexual exploitation, forced labour, slavery and removal of organs.

To determine whether a particular circumstance constitutes trafficking in persons, we should

consider the definition of trafficking in the Trafficking in Persons Protocol and the
constituent elements of the offense, as defined by relevant domestic legislation. Exploitation
in any form should include at the minimum level the exploitation of the prostitution of others
or any other form of sexual exploitation, forced labour, slavery , servitude or removal of
organs.

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 CASE STUDIES ON HUMAN TRAFFICKING

Human trafficking is one of the persisting problems in the world. To get the view of the
recent examples. Let us understand the horror of contemporary trafficking in India through
the following case studies.

STORY 1 – NAGPUR, MAHARASHTRA

A baby girl was found abandoned near a garbage heap. She was picked up by some people
and brought to a woman, apparently a widow, and in need of money. She was promised a
handsome monthly allowance and asked to take care of the baby as if it were her own
daughter, with enough to pay for her food, education and clothing. In fifteen years, the little
girl grew with the woman, believing her to be the mother. The girl was a student of class X
when a man came to the woman, told her that her “duties” with regard to the child were over,
handed her some money and took the girl away. The story came to light when anti trafficking
activists subsequently rescued the girl.

STORY 2 - FROM DARJEELING TO DELHI

A girl named “Tina” was abducted from Darjeeling. After her father lodged a complaint in
NGO-MARG, police station and NGO-MARG started investigating the case. After speaking
to 25 girls and showing her photograph to all the taxi stands in vicinity, she was found in
Delhi. She was lured by a trafficker with false promises of work in a big city. Tina’s case is
one of the few cases in which law enforcement agencies were able to rescue a girl that was
trafficked.

TRAFFICKING CASES IN ASSAM

In Assam, the most famous case of human trafficking case is the case of missing children of
Assam. A train from Mumbai arrived at the Guwahati railway station. On board were 40
children- 36 girls among them – disembark from a particular coach . The police quickly
whisk them away. These children were quickly whisked away by the police. Most of these
children were working in fishing industries in Mumbai while others were working as
domestic servants.

Zarifa , a 14 year old girl from lower Assam was illegally sent to Mumbai by her father
where she was forced to work as a domestic servant. Her father was lured by a person who
promised him work for her daughter in Mumbai. She had to undergo severe mental stress
and physical torture when she was working as a domestic servant. She was later saved by a
NGO group. Now she is worried that her father would send her back.

Most of the trafficking victims are from backward areas. They end up in illegal placement in
Mumbai or Delhi . Some of them get entangled in prostitution rackets and end up in rackets.
Most of the minors who are below the age of 18 are forced to a life of prostitution, illegal
labour and domestic labour. The whole region of India is very vulnerable to infiltration and
armed insurgency resulting in slow economic growth. Over the course of time, India has
witnessed large scale migration of the local population to the urban centres. The growth of
need for better livelihood and employment has turned India into a place for human traffickers
and in the past few years many people, mostly children and women have been victims of
trafficking. In the early months of 2004, National Human Rights Commission (NHRC)
carried out a detaled investigation to understand the growing menace of human trafficking in
India and put forward certain recommendations to counteract the problem. The report
entitled’Action Research on Trafficking in Women and Children in India’ drew a very grim
picture on the North- Eastern part of India. It stated that the north-eastern part of India needs
special attention as there has been an increase in such crimes in the region. From the above
discussion it is clear that human trafficking is not a legal issue which is not the responsibility
of the law authorities. Human trafficking cannot be tackled until issues such as socio-
economic inequality, health, education and healthcare arenot taken into account.

www.panoroma.com
 CASE STUDIES ON TRESPASS TO PERSON

Meering v Graham – White Aviation Co

In this case the defendant who was a private prosecutor not having the privilege that a police
officer of imprisoning a person, wrongfully detained a person on mere suspicion. The fact
that a person is not actually aware that he is being imprisoned does not amount to evidence
that he is not imprisoned, it being possible for a person for a person to be imprisoned in law
without his being conscious of the fact and appreciating the position which he is placed,
laying hands upon the person of the party imprisoned not being essential.

Wilkinson v Downtown

The defendant, by way of a practical joke played a joke on the plaintiff by telling her that her
husband met with an accident. Due to this the plaintiff suffered nervous shock. On an action
filed by the plaintiff, the defendant claimed that he was not aware that his actions would
bring such consequences. But his claim was negatived. The court held that a person should be
aware of the consequences of his/her actions

Bird v Jones

In this case, plaintiff attempted to pass in a particular direction, was obstructed by the
defendant who prevented him from going in any particular direction but one, not being that
in which he had endeavoured to pass. The court held that there was no imprisonment.

Janvier v Sweeney

In the above case the defendants were two private detectives. One of them was designing to
inspect certain letters, to which he believed the plaintiff had means of access. He instructed
his assistant to induce the plaintiff to show him the letters, telling him that the plaintiff would
be renumerated for this service. As a result the plaintiff suffered from nervous shock. The
defendant was held liable for his actions.
CASES OF TRESPASS IN INDIA

Bodi Reddy vs Appu Goundan on 2 July, 1970

It is a simple case of trespass. The appeal arises from a suit filed by the appellant wherein for
declaration of his title to and possession of a small extent of property from the respondent
herein and for injunctions, both permanent and mandatory. The case of the appellant was in
1962 when the respondent encroached upon a portion of his property by shifting his stone
ridge towards the north. As soon as he came to know of the encroachment , he moved the
revenue department and requested the officials to effect the measurement of the boundary
line and accordingly the boundary line.

RELEVANCE OF HUMAN TRAFFICKIN AND TRESPASS TO

PERSON IN TORT LAW

Cases of human trafficking can also be included under tort law. Tort law can help in
providing a significant remedy to the victims of trafficking. A claim in tort will depend to a
great extent on the availability of suitable legal representation and on the determination of the
victim to see the litigation process through to a conclusion. The defendants will be held liable
to compensate the damages if found guilty. However not every person will be in a position to
commence and maintain a common law claim. In trespass to person tortious liability arises
when the act results in assault, battery or false imprisonment. The defendants can put up the
defence of self – defence, act of god, consent lawful arrest or necessity to support his claim.
Although the descriptions of human trafficking and trespass to person sound like they are
crimes and indeed do share their names with some crimes, it is important to keep in mind that
these are civil wrongs and not criminal wrongs. The defendants will not face a custodial
sentence but will subjected to compensation. The law here tries to protect the civil rights of
the people as much as prevent damage occurring.
 CONCLUSION

It can be concluded that human trafficking issues are humanitarian issues which occurs
mostly in backward countries. It generally involves the poor exploited by those who promise
them better livelihood if they accept their terms and conditions.. The poor usually suffer from
complex financial problems which make them willing to place themselves in anywhere
without investigating the background and basic information of their jobs. There is also lack of
on the part of the victim because there is ignorance about their rights and importance of
understanding how to defend themselves when they are faced with such problems.
 BIBLIOGRAPHY

ARTICLES

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