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HISTORICAL EVOLUTION OF INTERNATIONAL TRAFFICKING LAW: PRE-2000 INFLUENCES ON THE DEVELOPMENT OF THE TRAFFICKING PROTOCOL BY - PRIYANKA DIPHUSHA

Authors: PRIYANKA DIPHUSHA

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CASE COMMENT: KARUPPUDAYAR V. STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, LALGUDI, TRICHY & ORS. BY: ARYAN QURESHI & SIYA GUPTA

Authors: ARYAN QURESHI & SIYA GUPTA

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Year: Feb-2025 | Volume: II | Issue: 7

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PARTY AUTONOMY VIS-A-VIS JUDICIAL INTERVENTION IN SETTING ASIDE ARBITRAL AWARD: A QUEST FOR EQUILIBRIUM BY - RITIKA SINGH

Authors: RITIKA SINGH

Registration ID: 109100 | Published Paper ID: IJLRA9100

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ECONOMIC VIABILITY OF ONE NATION ONE ELECTION AND ITS IMPACT ON REGIONAL POLITICS BY - ARIHANT MISHRA & CHIRAYU SHARDA

Authors: ARIHANT MISHRA & CHIRAYU SHARDA

Registration ID: 109098 | Published Paper ID: IJLRA9098 & IJLRA9099

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ENSURING FOOD SECURITY IN INDIA: CHALLENGES, POLICIES, AND THE WAY FORWARD BY - SONAM & SANSKRITI RANA

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Registration ID: 109096 | Published Paper ID: IJLRA9096 & IJLRA9097

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CONSENT OR COERCION: UNVEILING THE REALITY OF RAPE AND FALSE MARRIAGE BY - KRISHNA KUMAR SINGH

Authors: KRISHNA KUMAR SINGH

Registration ID: 109095 | Published Paper ID: IJLRA9095

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BOOK REVIEW: DISCORDANT NOTES: THE VOICE OF DISSENT IN THE LAST COURT OF RESORT VOLUME 1 BY ROHINTON F. NARIMAN, PENGUIN BOOKS (2021), PAGES 1-496, ISBN: 9780670094394 BY - SHIBAM TALUKDAR

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Registration ID: 109992 | Published Paper ID: IJLRA9992

Year: Aug-2024 | Volume: II | Issue: 7

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ELECTORAL BONDS JUDGMENT: A STEP TOWARDS TRANSPARENCY OR AN INCOMPLETE REFORM? BY - SHIBAM TALUKDAR

Authors: SHIBAM TALUKDAR

Registration ID: 109093 | Published Paper ID: IJLRA9093

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CORPORATE VEIL AND PARENT-SUBSIDIARY DYNAMICS: LEGAL PRECEDENTS AND CONTEMPORARY PERSPECTIVES BY - SAMRUDDHI GANDHI

Authors: SAMRUDDHI GANDHI

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REDEFINING CUSTODY: A CALL FOR GENDER-NEUTRAL CHILD CUSTODY LAWS BY - DEVARAJAN B & SAMYUKTHA V

Authors: DEVARAJAN B & SAMYUKTHA V

Registration ID: 109090 | Published Paper ID: IJLRA9090 & IJLRA9091

Year: Feb-2025 | Volume: II | Issue: 7

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[1] The Protocol to Prevent, Suppress, Punish Trafficking in Person, especially Women and Children, 2000 (adopted on 15 November 2000, came into force on 25 December 2003).

[2] Anne T. Gallagher, International Law of Human Trafficking 55 (Cambridge University Press, USA, 2010).

[3] Penelope Saunders, Gretchen Soderlund, “Threat or Opportunity? Sexuality, Gender and the Ebb and Flow of Trafficking as Discourse” 22(3-4) Canadian Woman Studies 16-24 (2003).

[4] Marlene D. Beckman, “The White Slave Traffic Act: The Historical Impact of a Criminal Law Policy on Women”, George Town Law Journal 72 (1984).

[5]M.A. Irwin, “White Slavery as a Metaphor: Anatomy of Moral Panic” V Ex-Post Facto: The History Journal (1997).

[7] International Agreement for the Suppression of the White Slave Traffic 1904 (adopted on 4May 1904, came into force on 18 July 1905).

[8] Id.,art.1.provides “Each of the contracting Government undertakes to establish or name some authority charged with the coordination of all information relative to procuring of women and girls for immoral purpose abroad; this authority shall be empowered to correspond direct with the similar department established in each of the other contracting States.”

[9]Id.,art.2. provides “Each of the Governments undertakes to have a watch kept, especially in railway stations, ports of embarkation, and en route, for persons in charge of women and girls detained for an immoral life, With this object instructions shall be given to the officials, and all other qualified persons, to obtain, within legal limits, all information likely to lead to the detection of criminal traffic.”

[10]International Convention for the Suppression of the White Slave Traffic 1910 (adopted on 4 May 1910, came into force o 8 August, 1912).

[12]Tom Obotaka, Trafficking of Human Beings from a Human Rights Perspective: Towards a Holistic Approach (Matrinus Nijhoff Publishers, The Netherlands, 2006).

[13]The International Convention for the Suppression of Traffic in Women and Children 1921(adopted on 30September, came into force on 15 June 1922).

[16]The International Convention for the Suppression of the Traffic in Women of Full Age 1933 (adopted on 11 October 1933, came into force on 24August 1934).

[17]C.C Jones-Pauly,“Report of Anti-Human Trafficking Laws in Six Countries and Compliance with the International Convention against Trafficking” (1996).

[18]Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949 (adopted on 2 December, came into force 25 July 1951).

[27] Gunjun Kinnu, From Bondage to Freedom: An Analysis of International Legal Regime on Human Trafficking, (National Human Rights Commission, 1^st edn.,2006).

[28] Laura Reanda, “Prostitution as a Human Right Question,” 13 Human Rights Quarterly 202-208(1999).

[29]Global Alliance against Trafficking in Women, Human Rights and Trafficking in Persons- A Handbook 23 (Global Alliance against Trafficking in Women, Bangkok, Thailand, 2001).

[30]Ms. Radhika Coomaraswamy, Report of the Special Rapporteur on Violence against Women on Integration of Human Rights of Women and the Gender Perspective UN Doc E/CN.4/2000/68 (29 February 2000).

[31]M. Dottridge, “International Instruments against Traffic in Persons – When the “Excellent” is the Enemy of the Good”, available at: https://imadr.org/wordpress/wp-content/uploads/2013/01/T2-1.-NGO-consultation-1999.06.pdf (last visited on January 15, 2024).

[32]The Convention on the Elimination of All Forms of Discrimination against Women 1979 (adopted on 18 December 1971, came into force on 3 September, 1981).

[33] United Nations Declaration on Human Rights, art.4.

[34]The International Convention on Civil and Political Rights, 1966 (adopted on 19 Dec 1966, came into force on 23 March 1976).

[40]Id.,art.8. Provides “No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited No one shall be held in servitude. (a) No one shall be required to perform forced or compulsory labour, (o) Paragraph 3 (a) shall not be held to preclude, in countries where imprison ment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court. (c) For the purpose of this paragraph the term “forced or compulsory labour” shall not include: (i) Any work or service, not referred to in sub-paragraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; (ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious object rs; (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (iv) Any work or service which forms part of normal civil obligations.”

[42] International Covenant on Economic, Social, and Cultural Rights (adopted on 16December 1966, came into force on 3 January 1976).

[44] The Convention on the Elimination of All Forms of Discrimination against Women (adopted on 18 December 1979, came into force on 2 September 1981).

[46] See Janie Chaung, “Commentary on CEDAW Article 6,”in Marsha A.Freeman,Beate Rudolf,et.al (ed.)The UN Convention on the Elimination of All Forms of Discrimination against Women : A Commentary (Oxford University Press, 2012).

[47]CEDAW Committee, General Recommendation No.19: Violence Against Women A/47/38 (June 24, 1992).

[49]The Convention on the Rights of the Child, 1989 (adopted on 20November, came into force on 2 September, 1990).

[53]Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000 (adopted on 25May, came into force on 18January, 2002).

[54] Id.,art.2 (a) states that “Sale of Children: means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration.”

[55] Id.,art. 2 (b) states that “Child Prostitution: “means the use of a child in sexual activities for remuneration or any other form of consideration.”

[56] Id.,art.2(c) states that Child pornography: “means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.”

[57] ILO, Unbearable to Human Hearts: Child Trafficking and Action to eliminate it, vii (2002).

https://www.ilo.org/publications/unbearable-human-heart-child-trafficking-and-action-eliminate-it (last visited on 17 January 2025).

[58] Panudda Boonpala, June Kane, Trafficking of Children: The Problem and Responses Worldwide (International Labour Organization, Geneva, 2001).

[59] ILO Convention No. 29 on Forced Labour, 1930 (adopted 28 June 1930, came into force on 1May 1932).

[61] The Convention on the Abolition of Forced Labour, 1957 (adopted on 25 June 1957, came into force on 17 January 1959).

[63] Convention No. 182 on the Worst Forms of Child Labour,1999 (adopted on 17 June 1999, came into force on 19 November 2000).

[65]United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, (adopted on 18 December 1990, came into force on 1 July 2003).

[66]The Slavery Convention 1926 (adopted on 7 September 1956, came into force on 30 April 1957).

[68] The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and the institutions and Practices similar to Slavery 1956 (adopted on 7 September, came into force on 30 April 197).

[69]Id.,art. 1(a) states that “Debt Bondage” is “the status or condition arising from a pledge by a debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined.”

[70]Id.,art.1(b) states “Serfdom” as, “the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his status.”

[71] Id.,art 1 (c) (d) states “Forced Marriage” as “any institution or practice whereby a child or young person under the age of 18 years, is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of his labour.”

[73]Id., art.3. defines “Trafficking in persons” shall mean the “recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;(d) “Child” shall mean any person under eighteen years of age.”

[83]Id.,art.7.

[85] The Ad-Hoc Committee on the Elaboration of a Convention Against Transnational Organized Crime, Note by the United Nations High Commissioner for Human Rights, the United Nations Children’s Fund, the United Nations High Commissioner for Refugees, and the International Organization for Migration on the draft protocols concerning migrant smuggling and trafficking in persons, U.N. Doc. A/AC.254/27(February 8,2000).

[86] P.M. Nair, Trafficking of Women and Child for Sexual Exploitation: Handbook for Law enforcement Agencies India (UNODC, New Delhi, 2^nd edn.,2007).

[2] Indian Penal Code, 1860 (Act No. 45 of 1860).

[3] Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act No. 33 of 1989).

[6] Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, ss 3(1)(r), 3(1)(s).

[7] Karuppudayar v State Rep by the Deputy Superintendent of Police, Lalgudi, Trichy & Ors 2025 SCC Online SC 215.

[8] Swaran Singh v. State, (2008) 8 SCC 435, 736d-e.

[9] Hitesh Verma v. State of Uttarakhand and another, AIR 2020 SC 5584.

[10] State of Haryana and others v. Bhajan Lal and others, 1992 SCC (Cri) 426.

[11] Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (India).

[12] Swaran Singh v. State, (2008) 8 SCC 435, 736d-e.

[13] ‘Humiliation’ (noun) – Definition, Pictures, Pronunciation and Usage Notes Oxford Advanced Learner’s Dictionary (OxfordLearnersDictionaries.com) https://www.oxfordlearnersdictionaries.com/definition/english/humiliation accessed 7 February 2025.

[15] Bar Council of India Rules 1975, rr 36, 39, 42.

[16] Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (India).

[1] The Arbitration and Conciliation Act, 1996, No. 26, Acts of Parliament, 1996 (India).

[3] The Arbitration and Conciliation Act, 1996, §7, No. 26, Acts of Parliament, 1996 (India).

[5] The Arbitration and Conciliation Act, 1996, §5, No. 26, Acts of Parliament, 1996 (India).

[6] The Arbitration and Conciliation Act, 1996, §34, No. 26, Acts of Parliament, 1996 (India).

[8] The Arbitration and Conciliation Act, 1996, § 34(2)(a)(ii), No. 26, Acts of Parliament, 1996 (India).

[9] The Arbitration and Conciliation Act, 1996, § 34(2)(a)(v), No. 26, Acts of Parliament, 1996 (India).

[10] The Arbitration and Conciliation Act, 1996, § 34(2)(a)(iv), No. 26, Acts of Parliament, 1996 (India).

[11] Oil & Natural Gas Corporation Ltd. v. SAW Pipes Ltd., (2003) 5 SCC 705.

[14] 34. Application for setting aside arbitral award.-(2) An arbitral award may be set aside by the court only if…(b) the court finds that—(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force of (ii) the arbitral award is in conflict with the public policy of India.

[15] The Arbitration and Conciliation Act, 1996, § 35, No. 26, Acts of Parliament, 1996 (India).

[16] The Arbitration and Conciliation Act, 1996, § 34(2A), No. 26, Acts of Parliament, 1996 (India).

[17] Renusagar Power Co. Ltd. v. General Electric Co., AIR 1994 SC 860.

[23] 28. Rules Applicable to substance of dispute.- (3) While deciding and making an award, the arbitral tribunal shall, in all cases, take into account the terms of the contract and trade usages applicable to the transaction.

[25] Ssangyong Engineering and Construction Company Limited v. NHAI, (2019) 15 SCC 131.

[27]The Arbitration and Conciliation Act, 1996, § 34(2), No. 26, Acts of Parliament, 1996 (India).

[29] OPG Power Generation Private Limited v. Enexio Power Cooling Solutions India Private Limited and Ors, (2024) 9 SCR 490.

[1] https://static.pib.gov.in/WriteReadData/specificdocs/documents/2024/dec/doc20241217473101.pdf

[2] https://static.pib.gov.in/WriteReadData/specificdocs/documents/2024/dec/doc20241217473101.pdf

[4] https://static.pib.gov.in/WriteReadData/specificdocs/documents/2024/dec/doc20241217473101.pdf

[10] A. Ramachandra Guha, India After Gandhi: The History of the World’s Largest Democracy, Macmillan, 2007

[1] Shaw, D. J. (2007). World food summit, 1996. In World food security: A history since 1945 (pp. 347-360). London: Palgrave Macmillan UK.

[2] Vir, S. C. Public Distribution System: Targeted Public Distribution System (TPDS) and the National Food Security Act (NFSA). In Child, Adolescent and Woman Nutrition in India (pp. 623-664). Routledge.

[3] Bexell, M., & Jönsson, K. (2017, January). Responsibility and the United Nations’ sustainable development goals. In Forum for development studies (Vol. 44, No. 1, pp. 13-29). Routledge.

[4] Subramanian, K. (2015). Revisiting the Green Revolution: Irrigation and food production in twentieth-century India (Doctoral dissertation, King's College London).

[5] Prabhakar, A. C., & Brar, G. P. (2024). Green Revolution, Agricultural Performance with Sustainability and Bio-diversity: Special Reference to India. International Journal of Economic Performance, 7(1), 281-318.

[6] Sahai, C. S. (2014). Mid-day meal scheme: Achievements and challenges. International Journal of Humanities and Social Science Invention, 3(10), 6-9.

[7] Kapil, U. (2002). Integrated Child Development Services (ICDS) scheme: a program for holistic development of children in India. The Indian Journal of Pediatrics, 69, 597-601.

[8] Assembly, U. G. (1948). Universal declaration of human rights. UN General Assembly, 302(2), 14-25.

[9] Ferguson, R. (2017). The Human Right to Adequate Food and Corresponding Obligations. In The Right to Food and the World Trade Organization's Rules on Agriculture (pp. 98-138). Brill Nijhoff.

[10] Kapil, U. (2002). Integrated Child Development Services (ICDS) scheme: a program for holistic development of children in India. The Indian Journal of Pediatrics, 69, 597-601.

[11] Ayala, A., & Meier, B. M. (2017). A human rights approach to the health implications of food and nutrition insecurity. Public Health Reviews, 38, 1-22.

[12] Spicer, J. (2021). Feeding the people: deliberative democracy and the politics of India’s national food security policy (Doctoral dissertation, University of Sussex).

[13] Kumar, S. S. (2018). Prof. Dr. Regina Birner (Doctoral dissertation, Universität Hohenheim).

[14] Saini, S., & Gulati, A. (2015). The National Food Security Act (NFSA) 2013: Challenges, buffer stocking and the way forward (No. 297). Working Paper.

[15] Sandhu, A. (2014). National Food Security Act, 2013 and food security outcomes in India. Vision, 18(4), 365-370.

[16][16] George, N. A., & McKay, F. H. (2019). The public distribution system and food security in India. International journal of environmental research and public health, 16(17), 3221.

[17] Sharma, R. (2015). Mid-day meal scheme in India: the road ahead. Dev Country Stud, 5(11).

[18] Vir, S. C. Public Distribution System: Targeted Public Distribution System (TPDS) and the National Food Security Act (NFSA). In Child, Adolescent and Woman Nutrition in India (pp. 623-664). Routledge.

[19] Saini, S., & Gulati, A. (2015). The National Food Security Act (NFSA) 2013: Challenges, buffer stocking and the way forward (No. 297). Working Paper.

[20] Banik, D. (2010). Governing a giant: The limits of judicial activism on hunger in India. Journal of Asian Public Policy, 3(3), 263-280.

[21] Dheera, K. R. IMPACT OF IMPLEMENTATION OF E-POS MACHINES IN RATION SHOPS–A CONCEPTUAL FRAMEWORK.

[22] Saini, S., & Gulati, A. (2015). The National Food Security Act (NFSA) 2013: Challenges, buffer stocking and the way forward (No. 297). Working Paper.

[3] Prof. S.N. Mishra, Indian Penal Code 743 (Central Law Publication 2023).

[4] Saleha Khatoon v. State of Bihar and Ors, 1979 SCR(3) 169.

[10]State of H.P. v. Raghubir Singh (1993), 2 SCC 622.

[11] Krishna Lal v. State of Haryana (1980), 3 SCC 150.

[12] Gajanand v. State of Gujrat, 1987 Cr Lj 374 (Guj).

[13] Imrat Lal v. State of M.P., 1987 Cr LJ 557 (MP).

[16] Prof. S.N. Mishra, Indian Penal Code 749 (Central Law Publication 2023).

[17] Aman Kumar v. State of Haryana, 2004 Cr LJ 1399 (SC).

[18]State of U.P. v. Desh Raj, 2006 Cr Lj 2018 (SC).

[19] Bharatiya Nagarik Suraksha Sanhita, Sec.184.

[20] Bharatiya Nagarik Suraksha Sanhita, Sec.173.

[21] D. Rai, Sexual violence pandemic in India : Rape cases doubled in last 17 years, India Today (13/12/2019), available at https://www.indiatoday.in/diu/story/sexual-violence- pandemic-india-rape-cases -doubled-seventeen-years-1628143-2019-12-13, last seen on 25/03/2024

[1] Navmi Krishna, ‘The Hindu Explains: What Is an Electoral Bond and How Do We Get One? ’ The Hindu (2018) accessed 5 February 2024.

[5] Business Today Desk, ‘Electoral Bonds Worth Rs 16,000 Cr Sold since Its Inception; BJP Gets the Lion’s Share’ Business Today (2024) accessed 16 February 2024.

1. Salomon v. A. Salomon & Co. Ltd., [1897] AC 22 (HL).

2. Vodafone International Holdings B.V. v. Union of India, (2012) 6 SCC 613.

3. Life Insurance Corporation of India v. Escorts Ltd., (1986) 1 SCC 264.

4. Adams v. Cape Industries plc, [1990] Ch 433 (CA).

5. United States v. Bestfoods, 524 U.S. 51 (1998).

[15] Daimler Co. Ltd. v. Continental Tyre and Rubber Co. Ltd., [1916] 2 AC 307 (HL).

[17] Delhi Development Authority v. Skipper Construction Co. (P) Ltd., (1996) 4 SCC 622.

[18] Balwant Rai Saluja v. Air India Ltd., (2014) 9 SCC 407.

[19] B.V. International Holdings v. Union of India, (2012) 6 SCC 613.

[20] State of U.P. v. Renusagar Power Co., AIR 1988 SC 1737.

[23] Vedanta Resources Plc v. Lungowe, [2019] UKSC 20.

[25] Dharmani Dube v. State of U.P (1982) 7 SC 679.

[26] Tata Engineering & Locomotive Co. Ltd. v. State of Bihar, (1964) 6 SCR 885.

[1] Gaurav Nagpal v. Sumedha Nagpal, AIR 2009 SUPREME COURT 557

[2] Roxann Sharma v. Arun Sharma, AIR 2015 SC 2925 (2016)

[3] Nil Ratan Kundu v. Abhijit Kundu, 2008 (9) SCC 413

[4] KM Vinaya v. B Srinivas, MFA.NO.1729/2011 (G & W)

[7] Githa Hariharan v. Reserve Bank of India, AIR 1999 SUPREME COURT 1149

[8] a judge's expression of opinion uttered in court or a written judgment, but not essential to the decision and therefore not legally binding as a precedent.

[10] Imambandi v. Mutsaddi, (1918)20BOMLR1022.

[12] Ramatheertha v. Kumar V. Jahgirdar, AIR 2004 SUPREME COURT 1525

[18] Israr Ahmad v. Azazul Hussain Ahmad, (2010) 2 SCC 654

[19] Thrity Hoshie Dolikuka v. Hoshiam Shavaksha Dolikuka B, 1982 AIR 1276

[20] Lahari Sakhamuri v. Sobhan Kodali, AIR 2019 SUPREME COURT 2881

[21] Francis Thottappillil Joseph v. Shobha Francis Joseph, C/SCA/7483/2014

[22] Mr. Tushar Vishnu Ubale v. Mrs. Archana Tushar Ubale, AIR 2016 BOMBAY 88

[23] Vivek Singh v. Romani Singh, (2017) 3 SCC 231

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