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Habitual Dealing Of Slaves

And out of that hopeless attempt has come nearly all that we call human history-money, poverty, ambition, war, prostitution, classes, empires, slavery-the long terrible story of man trying to find something other than God which will make him happy.- C.S. Lewis ,Mere Christianity

Definition:
According to Cambridge dictionary slavery is the activity of legally owning other people who are forced to work for or obey you: or the condition of being legally owned by someone else and forced to work for or obey them:

Anti-Slavery International A person today is considered enslaved if they are forced to work against their will; are owned or controlled by an exploiter or employer; have limited freedom of movement; or are dehumanized, treated as a commodity or bought and sold as property.

Article 14 provides equality before law. It not only commands the state not to deny equality before law but also commands not to deny equal protection before law. Through which it is the duty of every state to protect the rights of the individual through administering laws for the state. Article 19(1) of our Indian Constitution provides every person, freedom of speech and expression. This is regarded as one of the fundamental right as provided by the constitution. Article 21 is as follows, No person shall be deprived of his life or personal liberty except according to procedure established by law.

This is the most fundamental of human rights. It also recognizes the sanctity of human life. Article 23-Prohibition of traffic in human beings and forced labour. Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Slavery, condition in which one human being was owned by another. A slave was considered by law as property, or chattel, and was deprived of most of the rights ordinarily held by free persons. There is no consensus on what a slave was or on how the institution of slavery should be defined.

Nevertheless, there is general agreement among historians, anthropologists, economists, sociologists, and others who study slavery that most of the following characteristics should be present in order to term a person a slave. The slave was a species of property; thus, he belonged to someone else. In some societys slaves were considered movable property, in others immovable property, like real estate. They were objects of the law, not its subjects. Thus, like an ox or an ax, the slave was not ordinarily held responsible for what he did.

IPC Section 371: Habitual Dealing In Slave

Provision: Whoever habitually imports, exports, removes, buys, sells traffics or deals in slaves, shall be punished with [imprisonment for life], or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

Simply Put: Habitual dealing in slaves has been made a punishable offence under this section. The section states that whoever habitually imports, exports, removes, buys, traffics or deals in slaves, shall be punished with imprisonment for life or with simple or rigorous imprisonment for a term not exceeding 10 years, and shall also be liable to fine.

Section 372:

Selling minor for purposes of prostitution, etc

Provision: Whoever sells, lets to hire, or otherwise disposes of any [person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Simply Put: Selling or letting to hire etc. of a minor for prostitution etc. has been made a punishable offence under this section. The section says that whoever either sells, or lets to hire, or otherwise disposes of any person under eighteen years of age with the intention that such person shall at any age be either employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful or immoral purpose, or with the knowledge that it is likely that such person will at any age be either employed or used for any such purpose, shall be punished with simple or rigorous imprisonment for a term extending up to 10 years, and shall also be liable to fine.

Section 373:

Provision: Whoever buys, hires or otherwise obtains possession of any [person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Simply Put: This section is complementary to the preceding section and penalizes buying, hiring or otherwise obtaining possession of a minor for the purpose of prostitution etc. It says that whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with the intention that such person at any age be either employed or used for the purpose of either prostitution or for illicit intercourse with any person or for any unlawful and immoral purpose, or with the knowledge that it is likely that such person at any age will be so employed or used, shall be punished with simple or rigorous imprisonment for a term extending up to 10 years, and shall also be liable to fine.

Section 374: Unlawfully Compulsory Labour

Provision: Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Simply Put: Section 374 is intended to put a stop on the continuous practice of forced labour. It requires:

  1. Unlawful compulsion of any person;
  2. The unlawful compulsion must be to make the person work against the will of that person.


Punishment will be for a term which can be extended for a period of 1 year, or fine, or both.

Reference:

  1. https://www.legistify.com/indianpenalcode/details/ipc-section-374-unlawful-compulsory-labour/?source=IPCRelatedL
  2. https://www.globalslaveryindex.org
  3. https://www.freetheslaves.net/wp-content/uploads/2015/12/Survivor-Stories-Kukdaha-Village-India

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