Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
Article 61 :
CONSTITUTION:
States Parties shall take
all appropriate measures
including legislation, to
suppress:
A. 23: Prohibition of traffic in human beings and forced labour
•
All forms of traffic in
women
(2)....
•
Exploitation of
prostitution of women.
(1)Prohibits traffic in human beings and begar2 and other similar
forms of forced labour and provides that any contravention of this
provision is a punishable offence.3
A. 394: The State shall, in particular, direct its policy towards
securing—
(a)......
(b)......
(c)……
(d).......
(e) The health and strength of workers be it an adult or a child
should not be abused. No citizens should be forced by economic
necessity to enter avocations unsuited to their age or strength.
(f).......
LEGISLATIONS:
1.
Indian Penal Code
S.370: Trafficking of Persons5:
(1) Whoever, for the purpose of exploitation, (a) recruits, (b)
transports, (c) harbours, (d) transfers, or (e) receives, a person or
19
Convention on the Elimination of All Forms of Discrimination Against Women
Gaps in the implementation
of CEDAW in India (G)
and its corresponding
recommendations (R)
G1: ITPA, 1956 deals with
sexual exploitation and
prostitution of women
and yet does not provide a
comprehensive definition of
human trafficking and other
forms of trafficking. (CEDAW
A.6)
R1: Trafficking should be
defined in the ITPA. The
definition of Trafficking U/s
370 of IPC, which covers
exploitation, recruitment,
transportation, etc., by
means of threat or force may
be followed.
G2: There is no definition of
‘Victim’ in the ITPA. Further,
U/s 2(aa) of ITPA, ‘child’
means a person who has
not completed the age of
16 years. Further, U/s 2(cb)
of ITPA, minor means a
person who has completed
the age of 16 years but has
not completed the age of