Prohibition of Human Traffic & Forced Labour
Writers:
Bhavna Sharma
BALLB Students
Institute of Law, Jiwaji University Gwalior
&
Dr. Raj Verma
Institute of Law, Jiwaji University, Gwalior
Abstract
It is said that every human has a right to live with dignity. But some people don’t value the lives of other human beings and money, even if coming at the cost of a life is everything to them. As a result crimes like human trafficking and forced labor, specifically children and women. Therefore Prohibition of Traffic of Human Beings & Forced Labour has become the need of the hours.
In this article, we will understand what human trafficking means, what is forced labour, its types, the constitutional provisions dealing with the same, and some judgments that further widened the scope of these laws.
Introduction
Meaning of human trafficking and forced labor:
Human trafficking refers to the process of buying and selling humans or human organs for wrong motives. This crime shakes the whole of humanity where one human is compromising the freedom and right to a dignified life of another human just for some money.
Similarly, forced labor is a kind of labor in which the person is made to do work more than what he is paid. The labor class is forced to render their services against their wishes which makes this labor an immoral one. Sometimes, the masters exploit the workers and don’t even pay anything. This is also a kind of forced labor.
What are the reasons why traffic in human beings and forced labor are becoming at an all-time high?
Some of the prominent factors behind the menace of human trafficking are-
Poverty – Rising Poverty in India is a major factor in human trafficking. It has the potential to lead people to become traffickers, and even force parents to sell their children or other family members.
Scarcity of resources: Human trafficking is prevalent in areas with uneven resource distribution. Therefore when people are in dire need of money, they switch to illegal means of earning money like human trafficking and forced labor.
Social factors– The disadvantaged sections of society, such as women, children, the illiterate, and the marginalized, are adversely impacted because they are powerless to speak out the against injustice
Inadequate Legislative and Legal Framework– Existing laws are insufficient to combat human trafficking. The government’s failure to raise public awareness and execute the existing laws at the grass-root level contributes to its increasing number of cases.
Lack of sufficient economic prospects– The situation of massive unemployment also pushes the youth towards unethical ways of earning money. This is why traffickers lure them into forced labor, prostitution, human organs black markets, and other illegal activities by showing the amount of money that they can make in these types of activities.
Therefore if we want to eradicate human trafficking and forced labor from their roots, we have to address the causes of human trafficking.
Prohibition of traffic in human beings and forced labor comes under which fundamental right?
Let’s now understand different provisions of the Constitution of India which strive to prohibit such illicit acts. Prohibition of traffic in human beings and forced labor is a provision under Article 23 of the Constitution of India and is a fundamental right of every citizen of India.
According to this article, if any person indulges in human trafficking or any type of forced labor like begar, he will be punished by the court. In India, different types of forced labor are practiced. One is begar in which the people are forced to work lifelong to compensate for some debt that they had taken.
Similarly, Devdasi was a kind of forced labor of young women, though Article 23 of the Indian constitution does not explicitly mention it. In this practice, young girls were given away to certain temples.
Under Article 23 of the Indian constitution, activities like exploiting others, paying less than what they deserve, bonded labor, forced labor, etc. Are completely banned. Therefore if anyone contravenes these provisions, he will face serious legal action.
The special point to note here is that the article does not only safeguard Indian citizens but also non-citizens. Further, it is also applicable to individuals.
Prominent judgments that deal with the Prohibition of Traffic in Human Beings & Forced Labour:
State of Gujarat v. Hon’ble Supreme Court of Gujarat 1998: This judgment explained the ambit of Article 23 and Article 24 of the Indian Constitution.
Suraj Narayan v State of MP, 1960: Not only unorganized workers but also organized workers like teachers if unpaid for their service can come under bonded labor.
Bandhua Mukti Morcha v. Union of India 1984: This is a landmark judgment in which the court defined how bonded labor can be determined.
Conclusion
Human trafficking and forced labor are very serious crimes that shake the very essence of humanity. If we want to make the world a better living place, we have to overcome these malicious activities. For Prohibition of Traffic in Human Beings & Forced Labour, the constitution of India, Article 23 prescribes very strict punishment for the offenders. But this is adequate with proper implementation. We need to address the problem from its root. By analyzing the factors that are motivating the youth to switch to such illicit activities, we should come up with proper policies. Through small but effective steps, we can truly overcome this problem and save our society from such crimes.
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