Study Material
Diploma in Criminology & Criminal Administration Socio-Economic Crimes
Unit 4
Violation of Standards, Weights and Measures
The Legal Metrology Act, 2009 came into effect from the 1st of April, 2011, replacing the Weights and Measures Act. The Act was passed with the purpose of establishing and enforcing standards of weights and measures or aspects incidental to the same.
Under the act, there are various rules, but a crucial arm of the act is the Packaged Commodities Rules, i.e. Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter referred to as
“Rules”).
The Department of Legal Metrology falls under the Department of Consumer Affairs, and is therefore concerned with fair and honest practices in relation to all aspect of trade. The Rules deal with goods that are packaged and provide inter alia how declarations are to be made and what declarations are to be contained in a packaged commodity that is meant to be for sale.
Why are Declarations required in Packaged Commodities?
It may be questioned why declarations are required in the first place, after all, when we buy vegetables or meat from sellers, or groceries from vendors that are not packed, they are not mandated to provide any declarations with respect to the same.
The probable answer is because when we buy the things in an unpacked form, we know who we are buying it from, or the identity of the seller, on occasions we even see it being manufactured in front of us (for example flour), however when we buy goods that are packaged we do not know where they are from or how fresh they are or when they expire. Hence it can be said that the purpose of the Rules is to ensure that the end consumer gets clarity and all relevant information when he buys a product that is in packaged form.
Are all Packaged Commodities covered under the Rules?
Yes and No. While certain provisions are applicable for all packaged commodities there are certain rules that do not apply to certain kinds of commodities. Chapter II of the Rules, for example, deal with packages that are meant for retail sale, these provisions would not be applicable to certain kind of commodities.
Beyond the obvious, these rules would not be applicable for products meant for institutional or industrial consumers, i.e. those institutions who directly purchase from the manufacturer for use by the said institution OR consumers who buy the products directly from the manufacturer for use in that industry.
For example, a hospital buying packaged paint directly from paint company would amount to an institutional consumer, and the products would not require the declarations that otherwise are required had the products been sold in retail market.
Similarly, an automobile company that buys packaged paint and consumes it for the purposes of painting the vehicles would amount to an industrial consumer and the packaged paint would similarly not require the declarations otherwise required.
Further, commodities which contain quantity of more than 25 kg or 25 litres (50 respectively in case cement and fertilizers) are exempted from the specific requirements of retail packages.
Additionally, the Rules do not apply to certain packages even if they satisfy all other criteria if:
1. The package is sold by weight or measure and amounts to less than 10 ml or 10 gm (provided the product is not tobacco); or
2. Package contains fast food items and is packed by hotels/restaurant/similar body; or 3. Contains scheduled drugs and non-scheduled drugs covered by the Drugs (Price
Control) Order, 1995; or
4. Agricultural farm produce in packages above 50 kgs; or 5. Thread which is sold in the form of coil to handloom weavers.
Which Declarations are Mandated under the Rules?
Rule 6 of the Rules dictate the declarations that must be present in every packaging. They include: –
(a) The name and address of the manufacturer/importer/packer, as may be applicable. Note that if the manufacturer and packer are separate entities then their names are to be mentioned separately. Also it is to be noted that address to be mentioned is registered office address (this is a departure from the Weights and Measurements Act as well as the earlier iteration of the rules – this clarification and amendment came into being vide GSR 385 – E, dated 14th May, 2015, with effect from 1st January, 2016). It is to be noted that this declaration is waived if the product is or contains a food article, instead the specific provision under the Food Safety and Standards Act, 2006 will be applicable.
(b) Generic name of the commodity being sold.
(c) Price at which the product is being sold, inclusive of all taxes. Note that there is a specified format at which the same is to be declared, viz. “Maximum Retail Price ………
Inclusive of all taxes” or “MRP ……… Inclusive of all taxes”. The symbol of the currency is to be mentioned, i.e. the Rupee symbol, or Rs. or INR. Price is to be declared up to two decimal places.
(d) Date of manufacture/packaging/import, as the case may be, viz. the month and year. If the date of packaging and manufacture differ, separate declarations are to be given.
(e) Quantity of the commodity (explained in further detail later on)
(f) Name, address, telephone number, e-mail address of the person or office who can be contacted for consumer grievances.
Are these the only Declarations?
Not necessarily. Different acts may have other requirements, for example the Food Safety and Standards Act requires certain declarations, but these are all in addition to the basic and fundamental declarations under the Rules.
How and Where are these Declarations to be Made
Just declaring the above-mentioned mandatory declarations aren’t sufficient, they have to be made in a particular manner.
The declarations are to appear on the principal display panel of the packaged commodity, and what constitutes the principal display panel is determined as follows:
1. In case the product is rectangular in shape, then one side of the package can be considered to be the principal display panel side – (area of the display panel being the surface area of that particular side).
2. In case the product is pipe shaped or nearly cylindrical, 40% of the surface area.
3. In other cases, 40% of the total surface area of the package.
However, it is to be kept in mind that for the purpose of calculating principal display panel area, the top, bottom, flange at the top and bottom of cans, and shoulders and neck of bottle and jars shall not be included.
Also, the height of fonts is an important aspect of the declarations.
As the purpose of the Rules is to ensure that consumers are made aware of the nature of the goods – specific provisions are in place to ensure that the declarations are prominent and legible. As these are vague and subjective terms, the font height and size are important aspects to ensure that the packaging declarations are made in a proper manner.
Rule 7 (3) provides that the height of any declaration should not be less than 1mm and if the nature of declaration is such that it may be embossed or perforated or moulded or blown or formed, then the height should not be less than 2mm.
There is a separate provision for height of ‘numerals’ in the declarations as denoted by the below mentioned tables.
When Quantity is declared in terms of Weight/Volume
Net Quantity
Minimum Height in mm
Normal Case When moulded, perforated, embossed, formed, blown
<200 g / ml 1 2
>200 g / ml < 500 g / ml 2 4
>500 g / ml 4 6
When Quantity is declared in terms of Length/Area/Number – area of Principal Display Panel Net Quantity Minimum Height in mm
Normal Case When molded, perforated, embossed, formed, blown
< 100 cm2 1 2
> 100cm2< 500 cm2 2 4
>500 cm2<2500 cm2 4 6
>2500 cm2 6 6
As we can see from the tables above, while the height of the letters in a declaration are to be at least 1mm, for numerals it ranges from 1mm to 6mm.
While it may appear obvious, it is important that we understand what a numeral is because it has an important impact on the manner of declarations, including practicality and aesthetic value of the artwork.
The meaning of numeral has not been defined either in the Act of 2009 or in Rules of 2011.
Meaning of the word numeral therefore will have to be looked into Dictionary. Meaning of Numeral has been given in Online Oxford English Dictionary as below:
‘A figure, word or group of figures denoting a number’.
Therefore, a numeral need to be a number. Neither the Act of 2009 nor the Rules of 2011 have defined ‘number’. Once again therefore one has to look into Dictionary.
Meaning of number has been given in Online Oxford English Dictionary as below:
‘An arithmetical value expressed by word, symbol or figure, representing a particular quantity.’
From the above it is clear that ‘numeral’ is a ‘number’ having an arithmetical value and a number not having any arithmetical value is not a numeral.
Therefore, postal pin codes, telephone numbers, Road Nos., City Survey Nos. etc. are not numerals. Such numbers do not represent any value. For example, performing functions of addition, deletion, subtraction or division of quantity expressed in numbers or price in numbers is possible and brings about an arithmetical value. However, the said functions cannot be performed on pin codes are telephone numbers. Such numbers do not have any arithmetical value.
What are the Numerals in the Mandatory Declarations?
It is the author’s view that the declarations amongst the six mandatory declarations that should be considered as numerals are:
1. Quantity related declarations, 2. Price and
3. Month and year of manufacturing/packing/importing (only when expressed in numbers).
These are the only fields on which arithmetical operations can be performed; as illustrated above.
Special Requirement while Declaring Quantity
The Rules specify that the space surrounding the quantity declaration should be devoid of printed information at least to the following extent:
1. To the top and bottom by a space equal to the height of the numeral in the quantity declaration.
2. To the left and right by a space equal to double the height of the numeral in the quantity declaration.
Can Labels be Used to Make the Declarations
Not all manufacturers and traders are equipped to make the declarations on the artwork of the packaging, the same requires substantial investment and printing costs which a manufacturer or packer may understandably want to avoid; comparatively the costs associated with sticking labels on the product are substantially lower and require lesser investment – therefore labelling on the product is allowed for the purpose of making the declarations. However, this is done through a negative right.
The provisions state that it is not permissible to apply individual stickers on a package for either altering or making declarations. While this provision prima facie disallows a party from making individual declarations through labels – as a corollary it also permits making all mandatory declarations through a single label.
What about the Declarations the Values of which Regularly Vary?
Changing an artwork is a time taking and expensive affair, for declarations such as date of manufacture which is bound to vary frequently (every month) it is impractical to make the entire declarations through artwork.
While the act is silent about the aspects of this, the general practice across industries (which prefer declarations through artwork as opposed to labels) is that barring date of manufacture and maximum retail price – all declarations (viz. generic name of product, name and address of manufacturer/packer/importer, quantity, customer care declarations) are made on the artwork and a blank space is left for declaring the MRP and the Date of Manufacture/Packed Date/Date of Import.
These details are then imprinted on the artwork through a separate inkjet, dot-matrix, or any other kind of printer. As the rest of the declarations for a particular artwork will always remain constant, this is the preferred way to make declarations.
Can Stamps be used to Make the Declarations
There is nothing in the provisions that specifically prohibit the use of stamping to make declarations. But it is of interest to note that previously a proviso to Rule 6 (1) (d) stated that a manufacturer could indicate the month and year using a rubber stamp. This proviso has since been omitted for unknown reasons.
Rule 9 (1) (b) however states that numerals of the retail sale price and net quantity declaration ought to be painted, inscribed, or printed. This could be an indication that stamping is disallowed, at least with respect to the abovementioned declarations.
Units to be Used in the Declarations
All units in the packaging material should follow International System of Units (S.I) system.
For items sold by number, the qualifying symbol used should be “N” or “U”.
For depicting length, if the quantity is less than one meter, it is to be depicted in centimetre.
Else, meter.
For depicting mass, if the quantity is less than one kilogram, it is to be depicted in grams. Else, kilogram.
For depicting area, if the quantity is less than one square meter, it is to be depicted in square decimetre. Else, square meter.
For depicting volume, if the quantity is less than one litre/one cubic meter/one cubic decimetre, it is to be depicted in millilitre/cubic centimetre/cubic centimetre respectively. Else, litre/cubic meter respectively.
A schedule to the Rules specifies certain products (i.e. their generic name) and in terms of what their quantity is to be declared. For example, curd is to be expressed in terms of weight, but ice cream and other similar frozen products are to be expressed in terms of weight OR volume.
The schedule however only specifies twenty-six items, and Rule 12 states how other products may be declared, viz.
1. In terms of weight – if the product is solid, semi-solid, viscous or a mixture of liquid and solid.
2. In terms of volume – if the product is sold by cubic measure or is liquid.
3. In terms of number – if the product is sold by numbers.
4. In terms of area – if the product is sold by area measure.
5. In terms of length – if the product is sold by linear measure.
Dimensions of the product may be additionally required to be mentioned in case the same is a pertinent factor for the product in question.
The Second Schedule to the Act also specifies certain commodities (i.e. their generic name) and their standard pack sizes, such mentioned products can only be sold in the specified quantities[13], for example Mineral Water and Drinking Water can only be sold in quantities of 100 ml, 150 ml, 200 ml, 250 ml, 300 ml, 500 ml, 750 ml, 1 litre, 1.5 litres, 2 litres, 3 litres, 4 litres, 5 litres, and subsequently in multiples of 5 litres.
For products that do not fall under the ambit of this list, there is no such restriction with respect to pack sizes.
Combination Packs
We frequently see one product containing a number of components which are packed in two or more units for sale as a single commodity (for example razor handle and razor being sold as a kit). In such cases, the declarations required should appear on the main package and such package should also contain information about the other accompanying packages.
From the wordings, it is clear that main package does not amount to a single package in which each of such components are contained, but refers to the single most important component of the package.
It is important to understand what would be construed as the ‘main package’ in such instances, for the aforesaid example it is clear that the razor handle is the main package but for every possible scenario it may not be as lucid.
Therefore, the provision also gives the option of giving independent declaration for all of the components and intimation to that effect should be reflected on the main package. But this is a potential grey area that the law should address.
Wholesale Packages
The Rules define ‘Wholesale Packages’ to mean packages
1. Containing a number of retail packages, where the said package is meant for sale, distribution, or delivery to an intermediary and is not for sale directly to a single consumer, or
2. Sold by bulk to an intermediary for further selling, distribution, or delivery to customer in small quantities, or
3. That contain 10 or more retail packages, provided that the retail packages are labelled as mandated under the Rules.
Wholesale packages do not require all of the declarations as provided under Rule 6, but it is mandatory that they state:
1. Generic name of the product
2. Total number of retail packages within such wholesale package or quantity declaration, as the case may be, and
3. Name and address of the manufacturer/importer/packer.
Miscellaneous Provisions
If a product has an outside container or wrapper, the said container/wrapper should also have the relevant declarations. However, this requirement is waived if the container/wrapper is transparent and the declarations are easily readable through such external packaging.
If a product is likely to undergo variations in quantity that are significant owing to environmental or other factors can be qualified by the words “when packed” in its quantity declaration. This allowance is presently restricted to soaps, lotions, creams (other than cream of milk), and camphor.
When stating quantity in terms of weight, the weight of packaging and/or any other object apart from the product is to be excluded.
Additional Information and Penalty for Offences
The Rules additionally provide for registration of manufacturers, packers and importers with the Director of Legal Metrology or State Controller of Legal Metrology which is a mandatory requirement. Penalty for non-registration is a fine of Rs. 4000/-.
Penalty for quoting or publishing non-standard units is a fine of Rs. 2000/- (if compounded by retailer/wholesaler/dealer) or Rs. 4000/- (if compounded by manufacturer/packer/importer).
For manufacturing, packing, importing, selling, or offering to do any of the above with respect to products which do not adhere to the Rules pertaining to the declarations – the penalty amount may extend to Rs. 25,000 for the first offence. For the second offence, the fine may extend to Rs. 50,000 and for any subsequent offence the fine would not be less than Rs. 50,000 and may extend to Rs. 100,000 or imprisonment which may extend up to one year, or both.
For manufacturing, packing, or importing with error in net quantity – for the first offence, no less than Rs. 10,000 fines but which may extend up to Rs. 50,000. For second and subsequent offences, the fine may extend up to Rs. 100,000 or with imprisonment for up to one year, or both.
Selling products for more than the MRP declared is subject to a fine of Rs. 2000 for retailers or wholesale dealer, and Rs. 5000 for manufacturer or importer.
For any other offence under the Rules, the penalty amount payable shall be Rs. 2000.
The Act also provides for appealing before the relevant state Controller against the findings/order of the Inspector.
Practical Challenges & Conclusion
In spite of the noble intentions, there are certain stumbling blocks being faced in implementation of the Rules. Lack of manpower to check and enforce the provisions of the Rules is a continuous issue being faced by most state governments.
Further, while the penal provisions lay out consequences of offences and subsequent offences – and there is clearly no intention of restricting the offences to a particular jurisdiction, this inadvertently occurs.
Ideally an offence committed in any state should count as an offence and another offence committed in another state should amount to a subsequent offence; however, owing to difficulties in coordination between different state bodies, offences are tracked independently by each state, so an offence, even if committed by an entity for the nth time but for the first time in a particular state – the same amounts to a first offence.
With the present Government’s increased encouragement of digitization perhaps the day is not far off that a central repository would be kept where offences are tracked irrespective of where they occur.
Lastly, the Legal Metrology Inspectors who carry out checks and seizures are often not very familiar with the Rules themselves, and are not aware of the latest case laws in the matter. This results into unnecessary complications and dragged out proceedings which do not serve the interests of any party concerned. Training programs should be conducted from time to time for knowledge updating of the very people who practically monitor and enforce the law in this regard.
Immoral Trafficking of Women and Girl:
The main objectives are:
1. To examine the causes and modes of child trafficking in India especially minor girl child.
2. To analyse the crimes related to trafficking in India.
3. To suggest Preventive measures regarding child trafficking in India and laws to protect the minor girl child.
Introduction
In analysis, whilst numbers are important it is the individual lives and stories of children that continue to haunt me and push me to remain committed to this cause. Ayesha (name changed), a young woman who we have supported, has lived and fought through nights of getting raped, is now attending college and dreams of joining the performing arts. Or Devi (name changed), who was married as a minor, sold by her husband, spent months in a brothel and forced to give up her child for adoption. Devi now goes to school and dreams of getting reunited with her child one day.
Children from different geographical areas: West Bengal, Bihar, Jharkhand, Assam, Delhi, Bangalore and Kerala have fallen victims. Children from Nepal, for instance, have been rescued from rat-hole coal mines in Meghalaya; girls from Assam have been found to be married to men in Haryana as there are not enough girls in the state; and children from Tamil Nadu have been kidnapped and sent to Europe. Girls find themselves in Goa's spas and parlours where they are forced to cater to needs that exceed massage and health treatments.
National Human Rights Commission (NHRC) constituted a committee to look into the issue of
"Missing Children" "in order to put an end to this callous indifference and insecurity with regard to the protection of children and to prevent more lives from being lost in similar crimes".
The Report of the NHRC Committee on Missing Children (June 2007) states:
"The revelations at Nithari exemplify that missing children may end up in a variety of places and situations –killed and buried in a neighbour's backyard, working as cheap forced labour in illegal factories/establishments/homes, exploited as sex slaves or forced into the child porn industry, as camel jockeys in the Gulf countries, as child beggars in begging rackets, as victims of illegal adoptions or forced marriages, or perhaps worse than any of these as victims of organ trade and even grotesque cannibalism as reported at Nithari."
Concept of Child Trafficking
According to UNICEF is "Child Trafficking" defined as "any person under 18 who is recruited, transported, transferred, harboured or received for the purpose of exploitation, either within or outside a country."
There have been a lot of cases where children just disappear overnight, as many as one every eight minutes, according to the National Crime Records Bureau.
India also is a source, destination, and transit country for trafficking for many purposes such as commercial sexual exploitation. Trafficking is within the country in large scale but there are also a large number trafficked from Nepal and Bangladesh. But 40% of prostitutes are children, and there is a growing demand for young girls in the industry.
NGOs evaluate that 12,000 - 50,000 women and minor child are trafficked into the nation yearly from neighbouring states for the sex trade. Many minor girls are trafficked from Bangladesh and Nepal. An expected 1,000 to 1,500 Indian children are imported illegally out of the nation consistently to Saudi Arabia for asking amid the Hajj. Trafficking Andhra Pradesh, Karnataka, West Bengal and Tamil Nadu have the biggest number of individuals trafficked. Minor girl trafficking is high in Rajasthan, Assam, Meghalaya, Bihar, Uttar Pradesh, Andhra Pradesh, Karnataka, Tamil Nadu and Maharashtra in Intra state/ district area. Delhi and Goa are the main targeted states. Trafficking from north eastern states is high however regularly over looked. Trafficking of minor girl child the second-most pervasive trafficking wrongdoing - surged 14 times throughout the most recent decade and expanded 65% in 2014, as per new information given by the National Crime Records Bureau (NCRB).
Causes and Modes of Trafficking in India
There are several contributing factors for trade in human beings particularly in women and girl child. The factors of trafficking in women and girl child can be described as: poor socio- economic conditions of a large number of families, poverty coupled with frequent, almost annual natural disasters like floods leading to virtual destitution of some people, lack of education, skill and income opportunities for women (and for their family members) in rural areas, absence of awareness about the activities of traffickers, low status of girl children, etc.
It appears from the case studies that extreme poverty.
The other factors are: lucrative employment propositions in big cities, easy money, promise of better pay and a comfortable life by the trafficking touts and agents, demand of young girls for marriage in other regions, demand for low-paid and underage sweat shop labour, growing demand of young kids for adoption, rise in demand for women in the rapidly expanding sex industry, demand for young girls in places of military concentration like Kashmir in India in recent times, demand for young girls for sexual exploitation as a result of the misconception that physical intimacy with young girls reduces men's chances of contracting HIV/AIDS, or of them with that sex with a virgin can cure HIV/AIDS and impotence.
The rampant practice of female feticide in the northern states of Haryana and Punjab has also fuelled internal trafficking. Since there is a shortage of women in these states having a low female to male ratio, they have become fertile ground for the operation of traffickers.
Traffickers procure girls from faraway states like Assam and Orissa; trick their families into believing they are to be married, only to later push them into prostitution. India is also experiencing rapid changes in economic, political, demographic and labour trends as an outcome of globalization, increasing demand for cheap labour and heavy population growth in the region encourages migration whether legal or illegal. The movement of young girls and women from Bangladesh and Nepal into Indian brothels is common.
There is further movement of these women and girls to the Middle East as well as other destinations. At times of hardship, this starts out as illegal migration and ends up as trafficking.
Such migration occurs in the backdrop of supply and demand in the sending and receiving countries. The supply side is associated with structural inequality, poverty, illiteracy and lack of opportunities for livelihood, whereas the demand rises from the need of cheap labour in the destination. Usually people from the poorer countries like Bangladesh and Nepal are at risk of exploitation and are trafficked to their neighbouring country India. An assessment study on sexually exploited children and youth by the Economic and Social Commission for Asia and
Pacific (ESCAP) shows that in South Asia young girls from certain rural areas of Bangladesh, India and Nepal are trafficked for marriage and then sold into prostitution.
The major problem also faced by the poor families in India is the members' limited ability to communicate outside their place of residence. Many of them are illiterate cannot read or write.
So, they depend on others for sending letters or making phone call to their relatives. Often the guardians of law do not support the victims. It has often been alleged that police harass the victims more than those who have committed the crime. All these limitations not only make the socially and economically deprived sections of society vulnerable to trafficking, but also explain why re-trafficking is so rampant in our society. Apart from the increased demand of cheap labour in the production sector, globalization has played a major part for the growth of tourism business and entertainment industries the world over. As a result, the sex related trades like sex tourism have registered rapid growth.
At the same time, rising male migration to urban areas as well as stressful working conditions of the Business Process Outsourcing (BPO) sector workers have also contributed to a growing demand for commercial sex in the cities Our experience also reveals that trafficking is closely associated with child marriage. In a traditional village community, there is a stigma attached to single women. Inability to arrange the marriage of a daughter is a cause of embarrassment and matter of shame for the parents. In this situation, when the traffickers approach the poor families with marriage proposals (sometimes with cash rewards between Rs.1000–5000 on an average) minus dowry, the parents find it hard to refuse the offer. After marriage, the girls sold and resold, until she reaches the ultimate destination. Apart from child marriage, other modes of trafficking are fake marriage, false recruitment, kidnapping and abduction of children, transportation of children with the consent of guardians, adoption of children, using poor families with jobs and better living condition in cities.
Crimes related to Human Trafficking in India
Heads of crimes which are related to human trafficking:
Procuration of minor girls (section 366-A IPC)
Importation of girls from foreign country (Sec. 366B IPC)
Buying of minors for prostitution (section 373 IPC) (previously known as buying of girls for prostitution)
Selling of minors for prostitution (Section 372 IPC) (in previous editions, information was gathered under purchasing of minor girl for prostitution)
Immoral Traffic (Prevention) Act 1956
Human trafficking (section 370 & 370A IPC), after enactment of the Criminal Law (Amendment) Act 2013, the Bureau has also started collecting data under these sections.
Laws to protect victim from Trafficking in India
NGO's estimate that 12,000-50,000 women and children are trafficked into the country annually from neighbouring states for the sex trade. Trafficking of child minor girl is not a new phenomenon. Historically, it has been linked to slavery and prostitution which involved the sale and purchase of human beings as chattel, treating them as commodities that could be
bought and sold. The owner maintained absolute rights over the slaves, who were considered his private property.
Many Indians minor girls are trafficked every day to some destination or the other and are forced to lead lives of prostitution and slavery.
Constitution of India:
Indian constitution provides some provisions for child trafficking.
Article 23, of the constitution of, prohibits "traffic in human beings and other similar forms of forced labor".
Article 24 said that "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment."
Though there is no concrete definition of trafficking, it could be said that trafficking necessarily involves movement /transportation, of a person by means of coercion or deceit, and consequent exploitation leading to commercialization.
Moreover, the Directive Principles of State Policy articulated in the Constitution are also significant, Article 39(e) provides 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. Also, Article 39(f) imposes a duty on the State to direct its policy towards ensuring that children are given opportunities and facilities 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.
Indian Penal Code:
The major penal law Indian Penal Code (IPC), 1860, deals with the offences of kidnapping, abduction, and buying and selling of minors (Sections 359-373 of IPC).
· Section 363-A: Kidnapping for begging: - the section punishes kidnapping or maiming a minor for the purpose of begging shall be punishable with imprisonment.
· Section 366-A: Procuration of minor girls: - Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
· Section 366-B: Importation of girls: - Whoever imports into India from any country outside India or from the State of Jammu and Kashmir any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
· Section 369: Kidnapping child for stealing from its person: child under 10 years of age only- Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
· Section 372: Selling of girls for prostitution:- 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 be liable to fine.
Explanation I- When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation II.—For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.
· Section 373: Buying of girls for prostitution:- 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, of knowing it to be likely that such person will at any age be employed or used for any 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.
Explanation I.—Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation II. —"Illicit intercourse" has the same meaning as in section 372.
· Section 370: Trafficking of persons
1. Whoever for the purpose of exploitation (a)recruits (b)transports (c)harbours (d)transfers or (e) receives a person or persons by-
i. using threats or
ii. using force or any other form of coercion or iii. by abduction or
iv. by practicing fraud or deception or v. by abuse of power or
vi. 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.
Explanations:
I. 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.
II. 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 7 years, but which may extend to 10 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 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.
Immoral Traffic (Prevention) Act, 1956
The Immoral Traffic (Prevention) Act of 1986 (ITPA), colloquially called PITA, an amendment to SITA the Suppression of Immoral Traffic in Women and Girls Act of 1956 (SITA) and The "child" under ITPA means a person who has not completed the age of sixteen years and "prostitution" means the sexual exploitation or abuse of persons for commercial purposes.
1. Section 3: Stringent action and punishment for keeping a brothel or allowing premises to be used as a brothel
2. Section 4: Living on the earnings of prostitution
3. Section 5: Procuring, inducing or taking a person for the sake of prostitution
4. Section 6: If any person is found with a child in a brothel it shall be presumed, unless the contrary is proved, that he has committed an offence of detaining a person in premises where prostitution is carried on. The punishment consists of imprisonment of either description for a term which shall not be less than 7 years.
5. Section 21: Establishment of protective homes by the State Government Neither law prohibits prostitution per se, but both forbid commercialized vice and soliciting.
Aside from lack of enforcement, SITA is problematic in several ways. One of negative drawback is that the prescribed penalties discriminate on the basis of sex: a prostitute, defined under SITA as always, a woman, who is arrested for soliciting under SITA could be imprisoned for up to a year, but a pimp faces only three months.
India is said to have adopted a tolerant approach to prostitution whereby an individual is free to carry on prostitution provided it is not an organized and a commercialized vice. However, it commits itself to opposing trafficking as enshrined in Article 23 of the Constitution which prohibits trafficking in human beings. India is also a signatory to international conventions such as the Convention on Rights of the Child (1989), Convention on Elimination of all forms of Discrimination Against Women (1979), UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000) and the latest South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (2002).
Juvenile Justice (Care and Protection of Children) Act, 2015
It has been passed by Parliament of India. It aims to replace the existing Indian juvenile delinquency law, Juvenile Justice (Care and Protection of Children) Act, 2000, so that juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, can be tried as adults. The Act came into force from 15 January 2016. It was passed on 7 May 2015 by the Lok Sabha amid intense protest by several Members of Parliament. It was passed on 22 December 2015 by the Rajya Sabha. The bill introduced concepts from the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993 which were missing in the previous act.
The bill introduces foster care in India. Families will sign up for foster care and abandoned, orphaned children, or those in conflict with the law will be sent to them. Such families will be monitored and shall receive financial aid from the state. In adoption, disabled children and children of physically and financially incapable will be given priority. Parents giving up their child for adoption will get 3 months to reconsider, compared to the earlier provision of 1 month.
A person who gives alcohol or drugs to a child shall be punished with 7 years imprison and/or Rs. 100,000 fines. Corporal punishment will be punishable by Rs. 50,000 or 3 years of imprisonment. A person selling a child will be fine with Rs. 100,000 and imprisoned for 5 years.
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016
The draft Bill has taken into account the various aspects of trafficking and its punishments as defined in section 370- 373 of Indian Penal Code, 1860 and aims to include other offences/
provisions which are not dealt with in any other law for the purpose of trafficking, such as (1) penal provisions for the disclosure of identity of the victim of trafficking and witness (2) use of narcotic drug or psychotropic substance or alcohol for the purpose of trafficking (3) use of chemical substance or hormones for the purpose of exploitation. The draft Bill has also taken into its ambit the ‘placement agencies' by making mandatory for them to also register for the purposes of this Act.
The draft Bill provides for mandatory reporting within 24 hours by a Police Officer, Public servant, any officer or employee of Protection Home or Special Home having custody of the victim of trafficking to the District Anti-Trafficking Committee or in case of child victim to the Child Welfare Committee. For the effective implementation of the proposed Act and for the welfare and rehabilitation of the victims an Anti-Trafficking Fund will be created.
Some States also enacted their own Acts: Karnataka Devadasi (Prohibition of Dedication) Act, 1982: Act of dedication of girls for the ultimate purpose of engaging them in prostitution is declared unlawful whether the dedication is done with or without consent of the dedicated persons.
Andhra Pradesh Devadasi (Prohibiting Dedication) Act, 1989: Penalty of imprisonment for three years and fine are stipulated in respect of anyone, who performs, promotes, abets or takes part in Devadasi dedication Ceremony.
Lastly, in Goa Children's Act, 2003, trafficking is specially defined; every type of sexual exploitation is included in the definition of sexual assault; responsibility of ensuring safety of children in hotel premises is assigned to the owner and manager of the establishment; photo studios are required to periodically report to the police that they have not sought obscene photographs of children; and stringent control measures were established to regulate access of children to pornographic materials.
Criminal Law Amendment Act, 2013
The recent Criminal Law Amendment Act, 2013 recognises trafficking as an offence in the Section 370 of the Indian Penal Code. This is on similar lines as the Palermo Protocol, ratified by India in May 2011, following a Supreme Court judgement defining trafficking in public interest litigation (PIL) field by Bachpan Bachao Andolan in 2011. The bill targets the entire process that leads to trafficking of a person and also makes the employment of a trafficked person and subsequent sexual exploitation a specific offence under Section 370 A. While the old section 370 of Indian Penal Code dealt with only buying or disposing of any person as a slave the new section will take in its purview buying or disposing of any person for various kinds of exploitation including slavery. This provision includes organ trade as well. As the explanation further clarifies "exploitation" would also include prostitution. This is in addition to the ITP Act, 1956.
The new section also ensures that persons involved at each and every stage of trafficking chain are brought within the criminal justice system. Also, by specifically including that if a person is brought with his/her consent, where such consent is obtained through force, coercion, fraud, deception or under abuse of power, the same will amount to trafficking, the law has been substantially strengthened. This will cover all situations where girls who happen to be major are duped with promises of marriage and willingly accompany the traffickers who exploit them in various ways. It has also been specifically added in the provision that consent of the victim is immaterial for the determination of the offence.
The new section also differentiates the instances of trafficking major persons from minor persons. This differentiation is brought about by providing separate penalty for each with higher minimum sentence for trafficking minor persons. In addition, the section also provides for enhanced punishment for repeated offender as well as where the offender traffics more than one person at the same time. By providing that trafficking in minor persons on a repeated
conviction will attract imprisonment for life (meaning the remaining natural life) the law has been substantially changed. This will surely act as a big deterrent. Involvement of a public servant including a police officer shall entitle him to life imprisonment which shall mean the remaining natural life. Section 370A further adds strength to trafficking related law by criminalizing employment of a trafficked (major/minor) person. A person who has reason to believe or apprehension that the minor/major person employed by them has been trafficked will make them criminally liable. This places a huge responsibility on the employers who were till now, let off easily under the not so strict provisions of the child labour laws and juvenile related laws. Here also a higher minimum prison term is prescribed where a minor person is involved. Also important is the fact that irrespective of age of the person employed, simply employing a trafficked person is an offence. This provision will go a long way in ensuring that people verify the antecedents of the placement agencies as also get the police verification of the persons employed. This will also aide in curbing the huge demand for labour who are victims of unsafe migration.
International Laws:
International laws lay down standards that have been agreed upon by all countries. By ratifying an international law or convention or a covenant, a country agrees to implement the same. To ensure compatibility and implementation, the standards set forth in these international conventions are to be reflected in domestic law. Implementing procedures are to be put in place as needed and the treaties must be properly enforced.
The following are the most important International Conventions regarding trafficking of children:
1. The Convention on the Rights of the Child, 1989.
2. The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000.
3. The Convention on the Elimination of All forms of Discrimination against Women, (CEDAW) 1979.
4. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
5. Declaration on Social and legal principles relating to the Protection and Welfare of Children, with special reference to Foster placement and adoption Nationally and Internationally, 3 December, 1986.
6. SAARC Convention on Regional Arrangement for the Promotion of Child Welfare, 2002.
Role of State
· Government at local level and source areas should create compulsory high-quality education, employment opportunities and income generation programme.
· Government should produce relevant IEC materials; promote sensitization programmes or teachers in government schools, parents and community workers.
· Government should include gender centred education curricula in schools and introduce subjects of child sexual abuse and trafficking.
· The government of different nations must share the information with each other to evolve a programme that will help both the countries in preventing trafficking.
Role of NGOs
· The community should be sensitized about trafficking the community members should be motivated to keep a watch in the community for irregular movement of child victims to and from area their possible traffickers and hideouts.
· NGOs working in the rural areas should ensure that parents are aware of safe migration practices.
Role of Media
Media attention reaches several hundred thousand viewers and should therefore serve the following important functions:
· The media should transmit appropriate message to ensure that the victims learn that they are not alone.
· Victims can be made aware of places and institutions where they can seek help.
· Create awareness that human trafficking is inappropriate and illegal and has negative consequences.
· Wide publicity should be given regarding the legal, penal provisions against trafficking and the modus operandi of the traffickers through radio, television etc.
Awareness and Advocacy
· Awareness and advocacy are required at the policy level i.e. National Planning Commission, bureaucrats, politicians and the elite of the society. Awareness at the local level, in the community through workshops, songs, drama, poems, meetings, leaflets and posters especially in the rural areas is also required.
· The role of gender in daily life and training programmes and activities for gender sensitization must be conducted by NGOs. The key to prevent trafficking in children and their exploitation in prostitution is awareness among the children, parents and school teachers.
· The government must launch media campaigns that promote children's right and elimination of exploitation and other forms of child labour.
· Police advocacy is an important intervention that has to be fine-tuned
In the fight against trafficking government organizations, non-governmental organizations, civil society, pressure groups, international bodies, all have to play an important role. Law cannot be the only instrument to take care of all problems.
The article covers the sources of trafficking i.e. countries, regions and areas, characteristics of traffickers and trafficking victims, forms of violence against trafficked victims, magnitude of
trafficking, reasons for trafficking, structural factors for trafficking, places used for prostitution, types of prostitutes, link between migration and prostitution, types of sex tourism and reasons for sex tourism, link between poverty and trafficking, link between lack of women empowerment and trafficking, impact of trafficking on individuals, family and household, health problems of trafficking victims, implications of repatriation of trafficking victims, legal implications of trafficking and role of state in preventing trafficking and reasons for failure in preventing the trafficking. Certain court judgments have also been referred in the review for having a holistic view of the issue of human trafficking. It is very important to record that, not many academics ventured into this area of research, as collecting data and information are difficult from the original sources of trafficked victims, who, generally, refuse to share information. Hence, most of the studies reviewed here include reports, monographs and court judgments.
Violation of Rationing: (Under COVID- 19)
Two days ago, the Finance Minister Nirmala Sitharaman announced a ₹1.7-lakh crore package of social security measures to deal with the COVID-19 pandemic in the period of the 21-day lockdown. In respect of food security, the package falls far short of what is needed.
I argue that we need to immediately ensure universal rationing with an expanded food basket, and special measures for cooked food in urban areas for the vulnerable population.
The burden of the current lockdown is borne disproportionately by the large unorganised workforce, comprising hundreds of millions of casual daily wage-workers and self-employed workers. India already holds the record for the largest number of malnourished persons in the world. As their ability to purchase food diminishes, a growing population of working people and their families will soon enter a phase of hunger and undernourishment. The answer to this looming and very real scenario of food insecurity lies in a massive programme of food rationing, far greater than what the Finance Minister has promised.
Lessons from history
To ensure that all people have access to adequate food in the midst of this unprecedented health and economic crisis with potentially high levels of mortality, we must immediately expand our food security system. Before I come to the components of such an expanded programme, let us briefly look at the lessons provided by the experience of other countries in using rationing in times of scarcity.
In the United Kingdom in the 1940s, rationing or a policy of “fair shares” was introduced in a period of war and scarcity. Starting in 1939, each and every person was issued a ration book, with a weekly entitlement that could be collected at a local grocery store. Rationing encompassed many commodities, starting with butter, bacon and sugar, and later augmented by eggs, biscuits, tinned food, meat, cereals, etc. A remarkable outcome of the war years was, as Amartya Sen has demonstrated, a significant improvement in vital statistics including a rise in life expectancy and a decline in the mortality rate. Despite heavy war casualties and a decline in consumer expenditure per capita, life expectancy actually improved. In the first six decades of the 20th century, the decade from 1941 to 1950 saw the largest increase in life expectancy in England and Wales.
India’s timeline
In India, the British introduced rationing in six cities in 1942, mainly to supply industrial workers with adequate food. Following demands from a strong political movement, Malabar became the first rural area to implement rationing in 1943. In the mid-1960s, the system of rationing or the Public Distribution System (PDS) was made a national universal programme, which steadily expanded till 1991. In the 1990s, the policies of liberalisation led to the withdrawal of universal rationing and its replacement by a policy of narrow targeting.
Differential entitlements were provided for BPL (Below Poverty Line) and APL (Above Poverty Line) households. In 2013, the landmark National Food Security Act (NFSA), ensured legal entitlement to rations and other food-based schemes (such as mid-day meals in schools).
Around 75% of rural households, and 50% of urban households, that is, a total of two-thirds of all households, were eligible for inclusion (now termed priority households) in the NFSA.
The implementation of the NFSA — notably the PDS, the Mid-day Meal Scheme, and the Integrated Child Development Services scheme — varies significantly across States;
nevertheless, the infrastructure for distribution of food is in place in all parts of the country.
China’s strategy
In China, the National Development and Reform Commission (NDRC), a planning body, was the key coordinator along with the Ministry of Commerce (MOFCOM) in ensuring supplies of basic foods and price stability to the poor, especially in Wuhan province, the epicentre of the current pandemic, which was under lockdown since January 23, 2020.
The Chinese strategy had multiple components, which included public corporations and ministries, 300 large private companies, 200,000 private stores, and local government institutions. To illustrate, State-owned companies such as COFCO or the China National Cereals, Oils and Foodstuffs Corporation, and Sinograin (China Grain Reserves Corporation) supplied key commodities to Wuhan. This included 200 tonnes of rice, 50 tonnes of flour and noodles, and 300 tonnes of edible oils each day during the peak of the pandemic in February 2020. The National Grain Trade Centre has to date supplied 155,000 tonnes of corn and 154,000 tonnes of soyabean to Wuhan. Special delivery trucks for transport of vegetables were arranged, and the local government organised open-air markets.
Kerala was the first State in India to announce a package with income support measures and in-kind measures including free rations of 15 kg (grain) and provision of cheap meals. The government of Tamil Nadu announced free rations of rice, sugar, cooking oil and dal to all ration card holders. The supply of rations for unorganised workers is to be through Amma canteens. The Delhi government will give 1.5 times existing entitlements at no cost to all ration card holders.
Key points of a plan
In India a system of expanded rations must have the following components. First, for all rural households, free rations of rice and wheat at double the normal entitlement must be distributed.
The current entitlement is about half the quantity of daily cereal intake recommended by the Indian Council of Medical Research: the new quantities should be the actual minimum requirement per person per day. The government of India has now doubled rations (rice or wheat) to all priority households, from 5 kg to 10 kg per person per month. However, this falls
short, as the rations are not to all households but only priority households; the rations are not free (only the additional 5 kg is free).
The provision of rations must be universal: this is not the time to demarcate households by type of ration card or whether they have a ration card or by any form of biometrics. The system of identification of priority households is not error-proof, and no household wrongly excluded should be outside the ambit of rationing today. This upscaling is feasible as the country has stocks of 58 million tonnes of rice and wheat; and the wheat harvest is currently underway in north India.
Coronavirus | Kerala to provide free ration to all
Second, for all rural households, additional rations of cooking oil, sugar, salt and lentils should be provided on a regular basis. Soap must also be included in this list. As supplies have to be arranged, the distribution could be weekly or fortnightly in order to ensure smooth availability.
It is good to see that the government of India has announced one kg of dal per household, but it needs to provide more commodities quickly.
Third, if milk, eggs and vegetables (or one or more of them) can be supplied, we can not only ensure basic food security at the time of a major health crisis, but actually address our burden of malnutrition.
For urban areas, we need a combination of provision of dry goods and of cooked food. All households with ration cards can be given the same entitlements as proposed for rural households.
For the vast numbers of workers and migrants in towns and cities, however, we must set up arrangements for preparation and delivery of cooked food. The large numbers of closed community kitchens (schools and colleges, company and office canteens, for example) and restaurant workers now sitting idle or laid off can be brought together to undertake a massive programme of provision of cooked meals at subsidised rates. Kerala has taken the lead here.
This will require careful planning and technology to distribute food while ensuring physical distancing. The answer is not to simply close the Indira Canteens (serving low-cost meals) as Karnataka has done.
All the measures proposed must continue for at least three months, and be reviewed afterwards.
An imaginative massive exercise of expanded rations could not only provide succour in this pandemic but also bring in a policy shift that will help sustain a nourished and healthy population.
Suggestive Readings:
Concerned Statutes (IPC, CRPC, IEA etc.)
JPS Sirohi, Socio Economic Offences
UDHR, 1948
NCRB Report
Convention against corruption, 2003
BK Sharma and Vijay Nagpal, A Treasure on Economic and Social Offences
