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The Immoral Traffic (Prevention)

Act 1956

The government of India, in 1950 had verified and agreed to comply with the International Convention for the Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of others. As a result, during 1956, the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA) was passed by the parliament. Later in 1986, the act was further amended to the Immoral Traffic Prevention Act also known as PITA. The focuses on trafficking related to prostitution and not with respect to organ trafficking and other related areas. The act defines a child as a citizen below 18 years of age and prevents prostitution of children, failing with which, all parties included will be sentenced to 7 years of imprisonment.

The contract labour (regulation and abolition)

Act 1970

“An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.”

The purpose of the Contract Labour Regulation and Abolition) Act, 1970 is to prevent the exploitation of contract labour and also to introduce better conditions of work. A workman is deemed to be employed as Contract Labour when he is hired in connection with the work of an establishment by or through a Contractor. Contract Labour By and large is neither based on payroll nor is paid directly.

Karnataka Devadasi (Prohibition of Dedication)

Act 1982

Act of dedication of any girl with or without consent of the dedicated persons engaging her in prostitution is unlawful and punishable. “Dedication as a devadasi to be unlawful.- Notwithstanding any custom or law to the contrary, the dedication of a woman as a devadasi, whether before or after the commencement of this Act and whether she has consented to such dedication or not, is hereby declared unlawful, void and to be of no effect and any woman so dedicated shall not thereby be deemed to have become incapable of entering into a valid marriage.”

Juvenile Justice (Care and Protection of Children)

Act 2000

The law is relevant for children who are vulnerable and are therefore likely to be the victim of trafficking. It protects juveniles in need of care and protection. The Juvenile Justice (Care and Protection of Children) Act, 2000 was enacted to consolidate and amend the law relating to juveniles by providing for proper care, protection, and treatment by catering to their development needs and by adopting a child-friendly approach in the adjudication matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this law.

Protection of Women from Domestic Violence Act (PWDVA)

The Protection of Women from Domestic Violence Act (PWDVA)instituted in 2005 is legislation aimed at protecting women from violence in domestic relationships. The definition of domestic violence is well written and wide-ranging and holistic. It covers mental as well as physical abuse, and also threats to do the same. Any form of harassment, coercion, harm to health, safety, limb, or well-being is covered.

Kidnapping and Abduction

Section 364- 373

As per Section 364 — Whoever Kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

As per section 365 — Whoever Kidnaps or abducts with intent secretly and wrongfully to confine a person shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

As per section 366 — Whoever kidnaps, abducts, or compels a woman to marry, etc shall also be liable to fine and imprisonment.

As per Section 367 — Whoever kidnaps or abducts in order to subject a person to grievous hurt, slavery, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

As per Section 368 — Wrongfully concealing or keeping in confinement, kidnapped or abducted person will be seen as wrong and the person shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge.

As per Section 369 — Whoever is kidnapped or abducted shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

As per Section 370 — Whoever Buys or disposes of any person as slaves shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

As per Section 371 — talks about Habitual dealing in slaves where the guilty shall be punished with imprisonment for life or with imprisonment of either description for a term not exceeding the years and shall also be liable to fine.

As per Section 372 — selling minors for purpose of prostitution shall be punishable with imprisonment of either description for a term which may extend to ten years and shall be liable to fine.

As per Section 373 — talks about Buying minors for the purpose of prostitution etc where the guilty shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Zero FIR (First Information Report)

A zero FIR may be registered in any police station by any woman irrespective of the geographical location or jurisdiction. The concept was introduced in the Criminal Law Amendment Act, 2013 after the Delhi Rape Case. Normally, a police officer would provide a serial number to the FIRs he receives but, in this case, he is mandated to number the FIR as ‘0’. This provision was put into place to make sure that evidence in the cases is collected as soon as possible to avoid manipulation of the same. Crimes like murder, rape, and assault require immediate attention making the provision highly necessary.

Section 354-D of IPC

Stalking

“Any man who-

  1. Follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such a woman; or
  2. Monitors the use by a woman of the internet, email, or any other form of electronic communication,
    Commits the offense of stalking.”

The section provides a detailed understanding of what would be considered to be stalking and what would not. It also says that any activity done for detecting crime or under law or has a reasonable justification would not be considered to be stalking. Punishment under this section involves imprisonment for three years and a fine.

Section 370 & 370-A of IPC

Section 370 includes the punishment of any individual who is involved in the act of trafficking of any citizen or minor. The statement includes-

“Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) 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 practicing fraud, or deception, or
Fifthly— by abuse of power, or
Sixthly— by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.”

Section 370(A) is an extension of Section 370 and deals with the exploitation of a trafficked person with a separate mention of minor or major citizen’s purposeful sexual exploitation.

Section 509 of IPC

Outraging Modesty

Similar to section 354, even this section deals with outraging the modesty and chastity of a woman. It can be done by making a sound or gesture which was demeaning was was made to be heard by the woman or by intruding upon the privacy of such a woman. The aspects of intention and insult are the bare essentials of the section.

Immoral Traffic (Prevention)

Act 1956

The Immoral Traffic (Prevention) Act, 1956 is the primary legislation for the prevention of sexual exploitation for women and girls.
The word “Trafficking” is defined only by the Goa Children’s Act, 2003, which is a state law.
Offenses specified are:

  1. Keeping a brothel or allowing premises to be used as a brothel
  2. Living on the earnings of prostitution
  3. Attempting, procuring, or taking a person for the sake of prostitution
  4. Detaining any person on-premises for prostitution
  5. Prostitution in the vicinity of public places
  6. Seduction of a person in custody

Article 23 and The Bonded Labor System (abolition)

Act 1973

Article 23 includes the Prohibition of traffic in human beings and forced labour. Its statement includes,

  1. Traffic in human beings and beggars 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 a 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

The Bonded Labour System (abolition) Act of 1973 aimed at the abolition of the bonded labor system that existed in India during the early 20th century. The bonded labor system required a credit defaulter and his descendants to work for the debtor as long as the debt is repaid along with full interest.

Information Technology Act

Act 2000

The IT Act of 2000 was enacted on 9th June 2000, with an aim to eliminate cybercrimes and to deal with electronic commerce by imposing restrictions. The act safeguards the interest of citizens and provides support by punishing people who commit crimes through cyberspace. Section 67 A of the Act, deals with the punishment of those who indulge in the transmission of material that includes sexually explicit content in electronic form. The convict might be sentenced to 5 to 7 years of imprisonment along with a fine which may extend up to ten lakh rupees. The act binds the entire cybercrime under this act and provides support to victims of such crimes as well.

Goa Children’s Act

Act 2003

This act is defined precisely in Trafficking. It includes every type of sexual exploitation in the definition of sexual assault. The manager and owner of the establishment are responsible for the safety of minors or children on hotel premises. There are strict laws about the safety of children and the publishing of pornographic materials.

The Indian Penal Code

Section 376

Punishment for rape - 
Whoever, except in the cases provided for by sub-section commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: 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 fewer than seven years.”

Protection of Children from Sexual Offences (POCSO)

Act 2012

Protection of Children from Sexual Offences 2012, came into force on 14th November 2012.
The act deals with sexual offenses committed to citizens under the age of 18 who are considered children under the law. The act caters to sexual assault, sexual harassment, and pornography of children and also includes provision for a children-friendly reporting system of such crimes.

Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal)

Act 2013

The act defines sexual harassment as “unwelcome acts or behavior (whether directly or by implication) namely, physical contact and advances, a demand or by implication) namely, physical contact and advances, a demand or request for sexual favors, making sexually colored remarks, showing pornography, any other unwelcome physical, verbal or non-verbal conduct of sexual nature.” It also mentions some circumstances which would qualify as sexual harassment in the act-

  1. A promise made for preferential treatment during the course of employment.
  2. Threat made for detrimental treatment during the employment
  3. Threat made regarding the future scope of the employment
  4. Creating a hostile and indifferent work environment
  5. Humiliating treatment.

Section 354 of IPC

Outraging Modesty

“Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.”

The term ‘assault’ here means any form of physical attack or the apprehension to cause a physical attack. It does not include verbal acts and gestures which outrage the modesty of a woman.

Section 366-A of IPC

Section 366 deals with kidnapping, abducting, and inducing women to compel them for marriage. 366 (A), deals with the Procuration of minor girls. The best explanation of this is explained by the statement attached below
“Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with the intent that such girl maybe, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.”

Section 366-B of IPC

Importation of Girls

“Whoever imports into India from any country outside India, any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.”

The act was introduced in the pursuance of the International Convention for Suppression of the Traffic in Women and Children. The section’s focus is to punish any person importing and exporting girls for the purpose of prostitution and involves the punishment of imprisonment of ten years along with some fine.

Section 498-A of IPC

Cruelty by Husband

This provision was introduced in 1983 to protect women who are subjected to cruelty by their husbands and husband’s family. The ambit of “cruelty” here involves both mental and physical harm. Many times this harm is caused while asking for property or valuable security (dowry) and thus is also termed as dowry death which is considered to be a punishable offense under this section and is consistent with a punishment extending up to 3 years of prison time. The section also specifies the clause of abetment of suicide under its scope.