Article 6:
States Parties shall take all appropriate measures,
including legislation, to suppress all forms of traffic in
women and exploitation of prostitution of women.
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Veth (or Vethi or Vetti-chakiri, from Sanskrit visti),
also known as Begar (from Persian), was a system of
forced labour practised in pre-independence India,
in which members of populace were compelled to
perform unpaid work for the government.
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23. 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 purposes, 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.
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Article 39:
Certain principles of policy to be followed by the
State.—The State shall, in particular, direct its policy
towards securing—
(a) that the citizens, men and women equally, have
the right to an adequate means of livelihood;
(b) that the ownership and control of the material
resources of the community are so distributed as best
to subserve the common good;
(c) that the operation of the economic system does
not result in the concentration of wealth and means of
production to the common detriment;
(d) that there is equal pay for equal work for both men
and women;
(e) that the health and strength of workers, men and
women, and the tender age of children are not abused
and that citizens are not forced by economic necessity
to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities
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to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth are
protected against exploitation and against moral and
material abandonment.
Whoever, for the purpose of exploitation, (a)
recruits, (b) transports, ( c) harbours, (d) transfers, or
(e) receives, a person or persons, by—
firstly, - 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 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.
Explanation 1. - The expression “exploitation” shall
include any act of physical exploitation or any form
of sexual exploitation, slavery or practices similar to
slavery, servitude, or the forced removal of organs.
Explanation 2. - The consent of the victim is
immaterial in determination of the offence of
trafficking.
(2) Whoever commits the offence of trafficking shall
be punished with rigorous imprisonment for a term
which shall not be less than seven years, but which
may extend to ten years, and shall also be liable to
fine.
(3) Where the offence involves the trafficking of more
than one person, it shall be punishable with rigorous
imprisonment for a term which shall not be less than
ten years but which may extend to imprisonment for
life, and shall also be liable to fine.
(4) Where the offence involves the trafficking
of a minor, it shall be punishable with rigorous
imprisonment for a term which shall not be less than
ten years, but which may extend to imprisonment for
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life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of
more than one minor, it shall be punishable with
rigorous imprisonment for a term which shall not be
less than fourteen years, but which may extend to
imprisonment for life, and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking
of minor on more than one occasion, then such person
shall be punished with imprisonment for life, which
shall mean imprisonment for the remainder of that
person’s natural life, and shall also be liable to fine.
(7) When a public servant or a police officer is
involved in the trafficking of any person then, such
public servant or police officer shall be punished with
imprisonment for life, which shall mean imprisonment
for the remainder of that person’s natural life, and shall
also be liable to fine.
(a)Whoever, knowingly or having reason to believe
that a minor has been trafficked, engages such minor
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.
(b)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.
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includes any house, room, [conveyance] or place
or any portion of any house, room, [conveyance]
or place, which is used for purposes [of sexual
exploitation or abuse] for the gain of another person or
for the mutual gain of two or more prostitutes;
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means a person who has not completed the age of
sixteen years;
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