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The document discusses factors contributing to human trafficking in India, particularly of women and girls. It notes that poverty, lack of education and employment opportunities, natural disasters, and the low status of girls are key factors. Female feticide in some states has also increased internal trafficking. The Constitution prohibits trafficking and protects children from exploitation. Specific laws criminalize procuring, inducing, or selling people into prostitution. The Immoral Traffic Prevention Act further defines offenses and punishments related to operating brothels and living off the earnings of prostitution.
The document discusses factors contributing to human trafficking in India, particularly of women and girls. It notes that poverty, lack of education and employment opportunities, natural disasters, and the low status of girls are key factors. Female feticide in some states has also increased internal trafficking. The Constitution prohibits trafficking and protects children from exploitation. Specific laws criminalize procuring, inducing, or selling people into prostitution. The Immoral Traffic Prevention Act further defines offenses and punishments related to operating brothels and living off the earnings of prostitution.
The document discusses factors contributing to human trafficking in India, particularly of women and girls. It notes that poverty, lack of education and employment opportunities, natural disasters, and the low status of girls are key factors. Female feticide in some states has also increased internal trafficking. The Constitution prohibits trafficking and protects children from exploitation. Specific laws criminalize procuring, inducing, or selling people into prostitution. The Immoral Traffic Prevention Act further defines offenses and punishments related to operating brothels and living off the earnings of prostitution.
There are several contributing factors for trade in human
beings particularly in women and girl child. The factors of trafficking in women and girl child can be described as: poor socio-economic conditions of a large number of families, poverty coupled with frequent, almost annual natural disasters like floods leading to virtual destitution of some people, lack of education, skill and income opportunities for women (and for their family members) in rural areas, absence of awareness about the activities of traffickers, low status of girl children, etc. It appears from the case studies that extreme poverty is the prime factor which is the breeding ground for this business. The rampant practice of female feticide in the northern states of Haryana and Punjab has also fueled internal trafficking. Since there is a shortage of women in these states having a low female to male ratio, they have become fertile ground for the operation of traffickers. Traffickers procure girls from faraway states like Assam and Orissa; trick their families into believing they are to be married, only to later push them into prostitution. India is also experiencing rapid changes in economic, political, demographic and labour trends as an outcome of globalization, increasing demand for cheap labour and heavy population growth in the region encourages migration whether legal or illegal. The movement of young girls and women from Bangladesh and Nepal into Indian brothels is common. CONSTITUTION OF INDIA Indian constitution provides for some provisions for dealing with child trafficking. Article 23, of the constitution of, prohibits "traffic in human beings and other similar forms of forced labor". Article 24 said that "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment." • Apart form the aforesaid constitutional provisions there are many more constitutional provisions such as Articles 38, 39, 45 etc. which directly or indirectly provide a mechanism for the benefit of women and children forced into prostitution. • Provisions of POCSO and Information Technology Act are also relevant for the same as child pornography is on the rise. • In Particular Article 39(e) provides that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age. • Further, Article 39(f) imposes a duty on the State to direct its policy towards ensuring that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. CRIMES RELATED TO HUMAN TRAFFICKING IN INDIA Procuration of minor girls (Section 366-A IPC) Importation of girls from foreign country (Sec. 366B IPC) Buying of minors for prostitution (section 373 IPC) (previously known as buying of girls for prostitution) Selling of minors for prostitution (Section 372 IPC) Immoral Traffic (Prevention) Act 1956 Human trafficking (section 370 & 370A IPC), S- 2 DEFINITIONS
The Immoral Traffic (Prevention) Act of
1986 (ITPA), colloquially called PITA, an amendment to SITA the Suppression of Immoral Traffic in Women and Girls Act of 1956 (SITA) and the term "child" under ITPA means a person who has not completed the age of sixteen years and "prostitution" means the sexual exploitation or abuse of persons for commercial purposes. • Minor means anybody between 16 and 18 yrs. of age. • Major means anybody who has attained the age of 18 years. • Prostitution – It means sexual exploitation or abuse of persons for commercial purpose. • Trafficking Police Officer – It means a Police Officer appointed by the Central Govt. under section 13 (4) for discharging the duty under this Act. S – 3 THE PUNISHMENT FOR ALLOWING THE PREMISES TO BE USED AS A BROTHEL • Any person who keeps or manages a brothel shall be punished with rigorous imprisonment of a minimum term of 1 year up to 3 years + fine of Rs. 2000. Second conviction then 2 to 5 yrs. • Any person who being tenant or lessee or knowingly allows any other person to allow such premises as brothel or being an owner or landlord allows his premises with knowledge or prostitution shall be punishable with rigorous imprisonment up to 2 years and on second conviction up to 5 year (fine Rs. 2000) In this case the knowledge of the tenant or landlord shall be presumed regarding prostitution S – 4 LIVING ON THE EARNINGS OF THE PROSTITUTION
• Any person of the age 18 and above who lives
on the earnings of the prostitution of any other person shall be punishable with imprisonment of 2 years + Rs. 1000 and if the victim is a child then the punishment may extend up to 7 years. • If the accused is proved to be an agent or tout or pimp for prostitution or if it is proved that he is in the habitual company of prostitute it shall be presumed that he was living on the earnings of prostitution. S – 5 PROCURING OR INDUCING FOR THE SAKE OF PROSTITUTION
• Any person who procures any other person
for prostitution whether with or without consent • Induces a person to go from any place for the purpose of prostitution or to become an inmate of brothel • Or induces to carry on the prostitution shall be punishable with rigorous imprisonment for a term of 7 years + Rs. 2000 and this offence is committed against the will of the victim punishment will be up to 14 years. • Under the present section if the victim is a child then the minimum punishment is rigorous imprisonment for 7 years which may extend for life subject to the maximum of 14 years. • Kindly take note of jurisdictional aspect under S. 5(3) which signifies procedural aspect of the section. S – 6 DETENTION OF A PERSON IN A BROTHEL
• Any person who detains any other person in any
brothel or upon any premises for having a sexual intercourse with any other person shall be punishable with imprisonment for minimum 7 years up to 10 years + fine. • Where a child or a minor is found in a brothel and on medical examination if it is proved that minor has been sexually abused it shall be presumed that the child had been detained in the brothel for prostitution and exploited for commercial purpose. (RBOP) • A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose of sexual intercourse with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there,— • withholds from her any jewellery, wearing apparel, money or other property belonging to her, or • threatens her with legal proceedings if she takes away with her any jewellery, wearing apparel, money or other property lent or supplied to her by or by the direction of such person.(S. 6(3)) S -7 PROSTITUTION IN THE VICINITY OF PUBLIC PLACE
Any person who carries on the prostitution in any
premises which is a notified area under Cl.(3) or within a distance of 200 meters of public religious worship institution or educational institution or hospital or such other public place notified by the CP or DM in this behalf shall be punishable with a term of 3 months. If the victim is a child in this offence the punishment may extend up to life imprisonment or 10 years + fine. Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. SECTION – 8 SEDUCING OR SOLICITING FOR THE PURPOSE OF PROSTITUTION Whoever in any public place or within the site of any public place:- 1. By words or gestures willfully expose a person or endures to tempt or attract any person for the purpose of prostitution or solicits or molests so as to cause obstruction or annoyance to any other person residing in the nearby public place or offend against the public decency shall be punishable with imprisonment which shall extend up to 6 months + Rs.500 (2nd conviction upto one year and I man is accused then min 7days to 3months.) S – 9 SEDUCTION OF A PERSON IN CUSTODY
• Where a person having the custody of another
person or having the authority causes the seduction for prostitution of that person shall be punishable with imprisonment shall not be less than 7 years which may extend to 10 years + fine. • Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years S – 10A DETENTION IN CORRECTIVE INSTITUTION
• Where a female offender is found guilty under
section 7 or 8 and the character and health of the offender is such that it is expedient that she should be subject to a detention to such term in a institution for correction, the court instead of convicting to imprisonment will give the order for detaining that person in a corrective institution for a period not less than 2 years and up to 5 years . Before passing that order the court shall give an opportunity for hearing and shall also consider the report of probation officer under Probation of offenders Act. S – 13 SPECIAL POLICE OFFICER AND ADVISORY BODY
There shall be for each area specified by the
state govt. in this behalf a special police officer appointed by such govt. to deal with the offences under this Act and such SPO shall not be below the rank of Inspector. Such SPO may be specially empowered by DM to deal with a special class of cases. Similarly, State govt. may associate with SPO an advisory body consisting of 5 leading welfare workers of the area to advice the SPO on working of this Act. According to section – 13 cl.(4) the Central Govt. may for the purpose of the investigation of offences under this Act will appoint such number of Police Officers as trafficking Police officers to carry on the investigation in more than 1 state. SECTION – 14 OFFENCES TO BE COGNIZABLE
All offences under this Act shall be deemed to be
cognizable offence but the arrest without warrant can be exercised only by a SPO or subject to his prior approval or guidance. When a subordinate Police Officer has to make an arrest as per this Act, it should be in accordance with the written order issued by the SPO and has to be shown to the person to be arrested. But according to cl.(3) a subordinate officer not below the rank of SI can arrest without the order of SPO provided the situation is very urgent but such arrest has to be reported to SPO as early as possible. S – 15 SEARCH WITHOUT THE WARRANT When ever a SPO or a trafficking Police Officer has a reason to believe an offence under this Act has being committed in a premises in which search is very necessary such officer can enter and search without the warrant from the Magistrate. Before starting the search the SPO or TPO has to call the respectable inhabitants of the locality atleast 2 and one of them shall be woman. to attend the search and may issue the order for that. During the search all persons residing in the premises can be removed by the SPO. • Provided that the requirement as to the respectable inhabitants being from the locality in which the place to be searched is situate shall not apply to a woman required to attend and witness the search. • Cl(5) if any person is taken into custody during search he shall be produced before the Magistrate and such persons shall be medically examined for determination of the age and finding out the injuries of sexual abuse or to find out sexually transmitted disease. • Cl(6) The SPO or the TPO when making the search shall be compulsorily accompanied by 2 women Police Officers and any women arrested during the search shall be interrogated only by such women Police Officer and in their absence only by the member of a recognized welfare organization. SECTION – 16 RESCUE OF PERSONS
• When the Magistrate receives an
information that any person is detained in a brothel in connection with the prostitution he may issue a warrant to the Police Officer to search such brothel and take that person into custody and produce before him. Ms Mona vs State Of Raj on 24 May, 2018. • In every case, on the touchstone of Section 15(2) of the Immoral Traffic (Prevention) Act, 1956, it is to be determined by the courts whether it was efficacious for the officers to call two persons from the locality or due to urgency or emergency, the said provision could not be complied with. It will depend on the facts and circumstances of each case. Mere violation of Section 15(2) of the Immoral Traffic (Prevention) Act will not vitiate the proceedings, as it will be in the realm of appreciation of evidence in each and every case. S – 17 INTERMEDIATE CUSTODY OF THE PERSON REMOVED U/S 15 OR RESCUED U/S 16 • When ever a person is taken into custody u/s 15 or rescued under section 16 cannot be produced before the appropriate Magistrate as per the Law such persons may be produced before any nearest Magistrate and such Magistrate shall issue the order for the intereem safe custody of such persons until she is produced before the appropriate Magistrate. • But such interim safe custody shall not exceed 10 days. • Cl.(2) When a person is produced before the appropriate Magistrate u/s 15 or 16 Magistrate shall enquire into the antecedents of that person through probation officers and will look into the propriety of rehabilitation and if the Magistrate finds the accused is involved in the illegal act, he shall order the custody of that person in a protective home for a period 1-3 year. • When such person is detained Magistrate shall also issue order for the proper education, care and training and the treatment of the detune and if required through the supervision appointed by the court. For discharging his functions Magistrate will take the assistance from experienced social workers which are women. S – 18 CLOSURE OF THE BROTHEL & EVICTION OF OFFENDER FROM PREMISES
• When the Magistrate receives a
complaint that a building under his jurisdiction is being used as a brothel, he will issue the order to the owner or occupier to show cause why such building shouldn’t attached and if the owner is not showing satisfactory reply the Magistrate will issue the order within 7 days for the eviction of such buildings. • Cl.(2) And before letting that building further the owner has to take the previous sanction of the Magistrate and on further enquiry if the Magistrate finds that the owner is innocent for the improper use of the building he will restore that building with a direction that such building shall not not be further let to the persons who used it for illegal purpose . S – 19 APPLICATION FORM BEING KEPT IN A PROTECTIVE HOME OR PROVIDED CARE AND PROTECTION BY THE COURT
• The person who is detained in a brothel for
prostitution may make an application to the magistrate to issue an order to save her and to keep in a protective home and to provide care and protection under the order of the court. On this application magistrate may give the order to keep her in appropriate place and provide proper care and custody pending the further enquiry and such temporary protection may be provided by the magistrate in a protective home or a corrective institution or such other place under the supervision of the magistrate for such period. S – 20 REMOVAL OF THE PROSTITUTE FROM ANY PLACE
• If the magistrate gets the complaint that
a person residing within his jurisdiction is involved in the prostitution, he may after recording the complaint issue the order to that person to remove himself from such place and prohibiting that person from further re-entry. After getting the order from the magistrate the person against whom the order is issued has to remove himself within 7 days and the re-entry can be made only with the permission of the magistrate. S – 21 PROTECTIVE HOMES
• These Protective homes and corrective
institutions shall be established by the State Govt. and be maintained in the prescribed manner. When the private persons and other agencies can establish these homes with the license of the state govt. For granting the license the state govt. may direct such enquiry and investigation regarding the competent of the applicant and such investigation shall be in accordance with such procedure. • Such license granted shall not be transferrable and it will be for such period. The in makes of such protective homes may be transferred to other protective or corrective home subject to the order of the state govt. The homes established without the license shall be an offence punishable up to fine of Rs. 5000. • S – 22 has put an embargo as to the fact that offences under sections 3 – 8 of the Act shall be tried by minimum MM or JMIC rank judge. S – 22A Power to establish special court • State Govt. after the consultation with the High Court will establish this court for the speedy trial of offences under this Act which will be headed either MM or JMIC. S – 22B POWER OF THE COURT TO TRY THE CASE SUMMARILY • State Govt. may give the direction that all offences under this Act tried summarily. According to S – 262 to 265 of CRPC. During the trial if the Magistrate considers after considering the circumstance of the case that it should be tried not summarily, then he will record the reasons and try the case according to the procedure of a warrant case or commit it for the trial by a Sessions Court. • S – 23 empowers the State Government to make rules. • S – 24 speaks that this ITP Act is not in derogation of any other Act like Reformatory School Act, 1897 and S – 23 speaks about the power to make the rules by the State Govt. THANK YOU FOR YOUR ATTENTION