demands for trafficked labour synchronises with changing economic
structures globally.
Article 23 states 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) Traffic in human beings would include traffic in women and children
for immoral or other purposes.
The Immoral Traffic (Prevention) Act, 1956 is a law made by Parliament
under Article 35 of the constitution for the purpose of punishing acts which
result in traffic in human beings. The Indian Penal Code and the Criminal
Procedure Code have separate provisions prohibiting traffic in human
beings. According to the penal code, selling, letting for hire or otherwise
disposing of, or buying, or hiring or otherwise obtaining possession of any
girl under the age of 18 years for the purpose of prostitution or for any
unlawful or immoral purposes is also an offence. In 1958, by a central
enactment organized prostitution as a profession has been abolished all
over the country and the running of brothels has been made an offence.
There are several gaps in law enforcement. Some of the significant issues
are (a) Lack of priority in dealing with the problem of trafficking, (b) Lack
of training, orientation, skills and knowledge, (c) Failure to initiate action
against traffickers; (d) gap between reported crimes and unreported ones
and (e) Lack of partnership of police with civil society and other
government departments in addressing the issues of trafficking.
The policemen must take steps to combat trafficking in children in their
areas along with the support of the local institutions like panchayats and
civil society members. Police in the states which share international borders,
may work in collaboration with govt agencies of the bordering states to
take preventive steps.
B. Child Labour
Child labour in India is a socio - economic phenomenon arising essentially
out of poverty and lack of development. Intensive measures are being
undertaken to eliminate child labour in India.
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Manual on Human Rights for Police Officers