Forced labor and human trafficking

Forced labour and traffic in human is a global concern regarding human rights violation. Forced labour constitutes a violation of the fundamental freedom of man and is against the principles laid down in the UN Charter and the Universal Declaration of Human Rights. Article 4 of the Declaration provides that ‘no one shall be held in slavery or servitude; slavery and slave trade shall be prohibited in all their forms.’

The Convention for the Abolition of Forced Labour provides that each member of the ILO that has ratified it shall undertake to suppress and not make use of any form of forced or compulsory labour.

Traffic in human beings for the purpose of prostitution is incompatible with the dignity and worth of human person. Under the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, the State Parties agreed to punish any person who sells or procures any person for prostitution.  

Forced labour and human trafficking under the Indian law

Article 23 of the Constitution provides that: Prohibition of traffic in human beings and forced labour

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law

 (2) Nothing in this article shall prevent the State from imposing compulsory service for public purpose, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them

Article 23 clause (1) prohibits begar and all forms of forced labour.

Section 374 of the Indian Penal Code provides that 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.

In Bandhua Mukti Morcha v Union of India, the Supreme Court directed that necessary working conditions be made available to the victims of exploitation.

If the wages paid are less than the minimum amount, it would amount to unlawful labour. In People’s Union for Democratic Rights v Union of India, the Apex Court observed that even if remuneration is paid, the labour supplied by a person would be hit by Article 23, if it is forced labour, meaning that it is supplied not voluntarily but as a result of force or compulsion arising from hunger, poverty, want and destitution.

Article 23 also prohibits the traffic of human beings. The term ‘traffic in human beings’ means the act of buying and selling of women and children for immoral or other purposes. It is prohibited under the Constitution of India and is also a crime under the Indian Penal Code, 1860.

The issue of traffic in human beings plays a very serious problem in the Indian subcontinent.

Human traffic under the Indian Penal Code

Importation of girls (Section 366 B) – when a girl below the age of 21 years is imported with the intent of forcing or seducing her to illicit intercourse with another person, it is punishable with imprisonment which may extend up to 10 years and with fine.

Section 370 provides that: Whoever imports, export, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as slave, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

Section 371 further lays down that Whoever habitually imports, exports, removes, buys, sells traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

Section 372 deals with the selling of minors for prostitution. It provides that: Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen 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 of either description for a term which may extend to ten years, and shall be liable to fine.

Section 373 deals with buying of minors for the purpose of prostitution. Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen 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, of knowing it to be likely that such person will at any age be employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

In Vishal Jeet v Union of India, it was held that traffic in human beings includes devadasis.

The Suppression of Immoral Traffic in Women and Girls Act, 1956, deals with the prevention of sexual exploitation for commercial purposes. It makes the act of procuring, inducing or taking away any woman with the intention to exploit for the purpose of prostitution an offence.

Thus, the issue of forced labour and human trafficking is a very serious problem, requiring strict legal provisions at both the international as well as domestic levels. Besides, it requires strict implementation of legislative measures as well. The problem of human trafficking requires international cooperation for curbing it.