CHILD Protection & Rights > Child Protection Issues.

National Framework
The national framework in India available for dealing with a case against child trafficking is as follows:

The Indian Constitution in Article 23 provides for the Prohibition of traffic in human beings and forced labor. Traffic in human beings and beggar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

There is an ‘Immoral Traffic (Prevention) Act, 1956 (amended in 1986) that exists in India, but it only refers to trafficking for prostitution and so does not provide comprehensive protection for children. Nor does the Act provide a clear definition of ‘trafficking’.

The Indian Penal Code has no legal provision specifically defining "human trafficking” and laying down the criminal liability of persons responsible for the same.
However, it punishes cheating and fraud (Section 41, 416, 420), kidnapping, wrongful confinement, criminal intimidation, buying and selling of minors for immoral purposes, importing a girl from a foreign country (Section 366B).

The Juvenile Justice (Care and Protection of Children) Act, 2000 helps to ensure care and protection of trafficked children and their restoration and reintegration with their family and community.

The following sections of the Juvenile Justice Act may deal with Child trafficking:
- Section 23: Punishment for cruelty to juvenile or child:
The section provides for punishment (imprisonment up to six months) if a person having the charge of /or control over a child, causes or procures him/her to be assaulted, exposed in any manner likely to cause such child unnecessary mental or physical suffering.

- Section 26: Exploitation of Juvenile or Child Employee: The section provides for punishment (imprisonment for a term which may extend to 3 years and fine) if a person ostensibly procures a child for the purpose of any hazardous employment.

Special and Local Laws that can be used to book particular forms and purposes of trafficking include:
• Andhra Pradesh Devadasi’s (Prohibition of Dedication) Act, 1988 or Karnataka Devadasi (Prohibition of Dedication) Act, 1982.
• Bombay Prevention of Begging Act, 1959.
• Bonded Labour System (Abolition) Act, 1976.
• Child Labour Prohibition & Regulation Act, 1986.
• Child Marriage Restraint Act, 1929.
• Guardian ship and Wards Act, 1890.
• Hindu Adoption and Maintenance Act, 1956.
• Immoral Traffic (Prevention) Act, 1986.
• Information Technology Act, 2000.
• Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.
• Transplantation of Human Organ Act, 1994.

Goa is the only state that has framed a law to deal with offences against children, including child trafficking. The Goa Children’s Act, 2003, not only defines “child trafficking” but also provides punishment for abuse and assault of children through child trafficking for different purposes such as labour, sale of organs, sexual offences of paedophilia, child prostitution, child pornography and child sex tourism and illegal adoption. Airport authorities, border police, railway police, traffic police, hotel owners, have all been made responsible under the law for protection of children and for reporting offences against children.

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