SLAVERY AND FORCED LABOUR

SLAVERY AND FORCED LABOUR

Author:- Mohd Asad Adnan, a Student of Sultan ul uloom college of law

INTRODUCTION: Chapter 16 of Indian  Penal Code explains the provisions about the offences affecting the human body. This chapter contains sec.299 to sec.377. Out of them Ss.370A,370-B,371- 374 narrate the provisions about ‘ Slavery and Forced labour’. The previous section 370 has been substituted by Section 370-A and 370-B by the criminal Law Amendment Act , 2013 ,w.r.e.f. 3-2-2013

1. TRAFFICKING OF PERSON[S.370]

‘Sec.37.Trafficking of person – (1)Whoever, for the purpose of exploitation, recruits, transports, harbours , transfers or receives a person or persons by –

First.- using threats, or

Secondly.- using force, or any other form of coercion, or 

Thirdly.- by abduction, or

Fourthly.- by practising fraud, or deception, or

Fifthly.- by abuse of power, or

Sixthly.- By inducement, including the given or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited , transported, harboured, transfers or received, commits the offence of trafficking

2. EXPLOITATION OF A TRAFFICKED PERSON [S.370-A]

Sec.370-A, Exploitation of a trafficked person.-

 (1)Whoever, knowingly or having reason to believe that a minor has been trafficked , engages search miner for sexual exploitation in any manner , shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years , and shall also be liable to fine.

(2)Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine.

C. HABITUAL DEALING IN SLAVES [S.371]

Sec.371.  Habitual dealing in slaves.-Whoever habitually Imports, exports, removes, buys, sells, traffics or deals with slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall be liable to fine.

4. SELLING MINOR FOR PURPOSES OF PROSTITUTION,ETC.[S.372]

Sec.372. Selling minor for purposes of prostitution, etc.-Whoever sells, lets to hire, Or otherwise disposes of any person under the age of 18 years with intent that such person shall, at any age be employed or used For the purpose of prostitution or illicit intercourse with any person or for any unlawful an immoral purpose, or knowing it to be likely that such person will, at any age be employed or used 4 any such purpose, Shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.

5. BUYING MINOR FOR PURPOSES OF PROSTITUTION

Sec.373. Buying minor for the purposes of prostitution, etc.-

Whoever buys, hires, or otherwise obtains possession of  any person under the age of 18 years With intent  that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age, be employed or used for any such purpose, shall be punished with imprisonment or either description for a term which may extend to ten years and shall also be liable to fine.

6. UNLAWFUL COMPULSORY LABOUR [S.374]

Sec.374. Unlawful compulsory labour.- Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year ,or with fine or with both.