T17 2019/09/20 15:39:20.085518 GMT+0530
Home / Social Welfare / Fight against social evils / Legal awareness / Legal provisions in child labour trafficking
Share
Views
  • State: Open for Edit

Legal provisions in child labour trafficking

This topic briefs about the provisions of law applicable at various stages of trafficking of child labourers.

Children are lied to and enticed to be brought for work

StatuteOffence (Provision)SectionClassificationPunishment
Indian Penal Code (IPC) 1860 a. Cheating Section 417 and related
Bailable and non cognizable Upto 1 year or fine

b. Abduction

Abduction for wrongful confinement Section 365, 367 and related
Non bailable and  cognizable Upto 7 years and fine

Abduction for slavery Section 367
Non bailable and cognizable Upto 10 years or fine

c. Kidnapping through enticement
Section 363
Cognizable and Bailable (Non-bailable in Delhi)
Upto 7 years and fine
JJ Act 2000 Procurement of a child for hazardous employment Section 26 Cognizable and Bailable (Non-bailable in Delhi)
Upto 3 years and fine

By paying some money to the parents as consideration or as advance

StatuteOffence (Provision)SectionClassificationPunishment
Indian Penal Code (IPC) 1860 Buying of a person as a slave Section 370
Bailable and non cognizable Upto 7 years and fine
The Bonded Labour System (Abolition) Act, 1976 Punishment for advancement for bonded labour
Section 17
Bailable and  cognizable Upto 3 years and fine

Giving away the procured (Trafficked child) to the employer for monetary consideration for the purpose of employment

StatuteOffence (Provision)SectionClassificationPunishment
Indian Penal Code (IPC) 1860 Selling a minor for the purposes of Prostitution Section 372
Non Bailable and cognizable Upto 10 years and fine

Employing the child

StatuteOffence (Provision)SectionClassificationPunishment
Child Labour (Prohibition and Regulation Act,1986) Employing the child in prohibited occupations and processes 3/14
Non-Cognizable and Bailable up to 2 years and fine up to 20,000(Min.10,000 and max.20,000 as per Supreme court Guidelines
JJ Act,2000 Procurring child/Juvenile for hazardous employment
Section 26
Cognizable and Bailable (Non-Bailable in Delhi) Upto 3 years and fine

Not allowing the child to move freely, return home as per his / her will

StatuteOffence (Provision)SectionClassificationPunishment
Indian Penal Code, 1860 Wrongful confinement of a kidnapped or abducted person / child Section 368 Cognizable and non Bailable Upto 10 years and fine

Not paying wages or paying less than the minimum wage

StatuteOffence (Provision)SectionClassificationPunishment
The Bonded Labour System (Abolition) Act Enforcing forced or bonded labour Section 16 Cognizable and Bailable Upto 3 years and fine
Indian Penal Code Section 373 Bailable and Cognizable Upto 10 years and fine
Section 374 Bailable and Cognizable Upto maximum 1 year and fine

In all of the above situations it may also be noted that Section 370 of the Indian Penal Code shall be applied in situations where an Act, Means and End (ie. a form of exploitation) exists as elaborated below.

StatuteSectionActMeansEnd (Exploitation)
Indian Penal Code

370

Whoever for the purpose of exploitation,

Recruits Using threat
Physical exploitation
Transports Using force or any other form of coercion
Sexual exploitation
Harbours Abduction Slavery
Transfers Practicing fraud, or deception Practices similar to slavery
Receives Abuse of power Servitude
Inducement Forced removal of organs

Source : SOP to handle trafficking of children for child labour

3.01086956522
Post Your Suggestion

(If you have any comments / suggestions on the above content, please post them here)

Enter the word
Back to top