Kidnapping and Abduction: A Composite wrongdoing in the society and its aftermath: Taniya Roy

TOPIC: KIDNAPPING AND ABDUCTION: A COMPOSITE WRONGDOING IN THE SOCIETY AND ITS AFTERMATH.

Author: Taniya Roy

Amity Law School, Kolkata

ISSN: 2582-3655

ABSTRACT

Kidnapping and Abduction are offences under the Indian Penal Code, IPC which are meticulous in nature. It has become one of the most dangerous and traumatic threats especially to women living in India. Kidnapping, particularly of women has transformed into a crucial social and judicial issue consistently over the years. It poses a prodigious threat to the life of the victim, and as well as interminable mental agony to both the victim and her family members. Primary reason for the seriousness of this wrongdoing is that it leads to various other heinous crimes and the most communal victims are women. Kidnapping can be exemplified as false imprisonment for means of abduction, both of which are separate crimes that when carried out all the while upon an individual congregate as the single wrongdoing of kidnapping. Thus, it is a composite wrongdoing. Kidnapping is commonly done for ransom in return for discharging the victim, or for other illegal purposes like trafficking, prostitution, abuse, murder, illicit relationship etc. Trafficking caused due to abduction, in women and children is one of the vilest abuses which leads to prostitution, sex-tourism, pornography etc. The number of violent crimes caused as an aftermath of kidnapping, or abduction is spiking incidentally over the years.

Keywords: kidnapping, abduction, wrongdoing, violent crime, spiking

INTRODUCTION

Women are subjected to criminal hardships in different forms in their everyday life. Women are the victims of various forms of violence at all ages, from being killed even before birth through prenatal sex determination leading to forced abortion to harassing them post birth and causing other heinous crimes leading to their death. Crimes against women have become common globally. Women are exploited with or without knowledge at every stage of their life.

A number of kidnappings take place every year. Generally, kidnappings are done for ransom but it doesn’t end there. Various crimes like rape, murder, trafficking, etc. begin with kidnapping. Abduction of a woman is a vicious mien of men’s dominant position in our society. In rural areas, girls being considered as burdens are married off at an early age. When they are unable to cope with the abuse and harassment they tend to run away in search of a secured shelter. These girls in a vulnerable state tend to trust the wrong person and get abducted by them. Post abduction they are used as a tool for the abductors to make money. They are victimised and traded for their body and beauty. Her privacy and honour are violated by the abductors. These sexual offences are being committed at a very large scale, furthermore utmost of these crimes go unreported due to fear and societal pressure along with the relentless threat from the accused. Even if it is reported in the court, generally the accused is acquitted due to unavailability of witness. Eventually, justice is not served to the victim and her family members.

The kidnappers or abductors are not limited to strangers, but it also includes the State and its representatives, family members, spouses, friends, intimate partners or any other familiar individual. The abductors take a person from one place to another without the consent of the person by using threat, force, deception, inducement or fraudulently for the sole purpose of exploitation. In numerous cases, a woman is kidnapped or abducted and compelled for marriage against her will. By criminal intimidation, she is compelled or seduced to illicit sexual relationship.

Time and again, women are the victims of the atrocities in our society. Her life is a garland of stigma and misery. The crime rate against women have only increased exponentially with time. Although the reports of criminal activity against women are increasing, the legal recourses available fail to curb the violence caused to them. The execution of laws at the grassroot level is extremely sluggish and ineffective. The exploitation of women is the worst form of destroying them physically, mentally, psychologically, socio-economically and in other aspects of life.

OBJECTIVE

This research paper aims to establish:

How kidnapping and abduction constitute a composite wrongdoing.
To study about the aggravated forms of kidnaping and abduction
How the execution of laws is ineffective.
Devastation caused in one’s life due to the exploitation of women.

HYPOTHESIS

This paper is delved out to analyse the shortcoming of the laws made by the legislature and how women are subjected to criminal wrong-doings. The additional crimes caused post kidnapping or abduction, the hardship one has to face for being a woman and how it shatters one’s life completely.

RESEARCH QUESTIONS

Issues raised for analysis are:

Whether kidnapping or abduction leads to more vicious crimes?
Whether the legislation, “Immoral Traffic (Prevention) Act, 1986” put in place to reduce the rates of abduction of women and crimes committed subsequently are sufficient?
Whether any stringent measures can be taken to deter violent crimes against women?

RESEARCH METHODOLOGY

A research work cannot be attained without adopting a proper method of methodology. In this research paper doctrinal and analytical method of research has been followed. Analytical method is followed in terms of analyzing and scrutinizing the present scenario. The date for this work has been collected from various statutory provisions, journals, seminar papers, newspapers, reporters, magazines and various web sites. By analyzing the secondary data, a conclusion has been established.

SCOPE

The scope of the research is limited to the country of India. The study will mostly focus on the exploitation of women post kidnapping or abduction and what measures can be taken to curb the crime rate.

CHAPTERISATION

Kidnapping or Abduction is a composite wrongdoing

Kidnapping is broadly defined as moving a person a substantial distance either by force or fear without the person’s consent. Aggravated kidnapping is kidnapping accompanied by grievous hurt, ransom demanded from the family of the victim, fraud. India has a comprehensive legislation to counter the offence of kidnapping. The Indian Penal Code outlines the specific aggravated offences related to the purpose of kidnapping. These are:

Kidnapping a minor for the purpose of begging;
- Kidnapping for ransom;
- Kidnapping in order to subject a person to grievous harm, including slavery kidnapping a child under the age of 10 years;
- Kidnapping in order to murder;
- Kidnapping a person with the intent to secretly and wrongfully confine a person;
- Procuring a minor girl;
- Kidnapping a woman and compelling her for marriage;
- Importing a girl from a foreign country;
- Stealing or buying any minor for the purpose of prostitution.

Most victims, kidnapped or abducted are young girls or women. Maximum victims kidnapped or abducted belong to the age group of 18 to 30 years. Among the various causes of kidnapping, the gender specific Sections are from 366 to 366B of IPC.

Kidnapping a woman to compel her for marriage or illicit relationship

Section 366 of IPC, punishes kidnapping, abducting or inducing a woman to compel her for marriage against her will or forcing or seducing a woman to illicit relationship. The expression “against her will” includes an act done “without her consent”, an act which the girl was forced to execute despite her opposition to it. The expression ‘against her will’ presages that the act was done not only without consent of the woman but also after her opposing to it. This was apprehended in the case Khalilur Rahman v. King Emperor[1]. The expression “seduce” includes soliciting, enticing, or pursuing the woman. The Supreme Court in the case Thakorlal D. Vadgama v. State of Gujarat[2] affirmed the conviction of the accused under Sec 366 IPC, passed by the trial court and the Gujarat High Court and pointed out the meaning of ‘entice’ which indicates the idea of inducement or pursuance by offering pleasure or some other form of allurement. The conviction of an accused under Sec 366 was not interfered with, where the apex court had given persuasive and substantial reasons for recording their finding that the accused had kidnapped the victim girl with an intent to seduce her to illicit intercourse[3]. In the case of Moti Chand And Anr. V. State of Rajasthan[4], the Rajasthan High Court convicted both the accused for having illicit intercourse with the kidnapped girl.

For constituting any crime, mens rea i.e., guilty mind or intentionis an essential ingredient[5]. It is the intention and conduct of an accused which determines the offence. In the case of Tarkeshwar Sahu v. State of Bihar[6], the Court held that the essential ingredient of the offence punishable under Section 366 IPC is that when the person has forcibly taken a girl with the intention as specified in Sec 366, then the offence would fall within the fore-corners of Section 366 of IPC.

Procuration of minor girls and importation of girls from foreign country

Amit Ray an Indian author said “smiling face of every little girl is the signature of god’s presence”. The incapability of controlling the violence against women does not ensure the presence of God. Minor girls have always been exposed to vulnerable situations. Sections 366A and 366B[7] of IPC was enacted to punish the perpetrators who exported or imported girls for the purpose of prostitution. Several crimes are committed against minor girls post procuration that include trafficking, child marriage, rape, illicit intercourse etc. An alarming emergency that should be taken into consideration is procuration of minor girls from various parts of the country for committing violent crimes. In the case of Jaya Mala v. Home Secretary, Jammu and Kashmir[8] the apex court held that the age of the victim is the most relevant factor for establishing an offence under Sec 366A of IPC. This was re-iterated in the case Samsul Alam v. State of Assam[9]. Similarly, in the case Dharani Daloi v. State of Assam[10], the court held that to establish an offence under Sec 366A of IPC, the victim must have to be a minor. The procuration of minor girls and selling them as prostitutes has become a commercial business through which huge amount of money is made. Minor girls are sexually abused, trafficked and forced to indulge in illicit relationship with another person by the kidnappers who in return make money from these shameful acts. In the case Manjappa v. State of Karnataka[11], the Supreme Court upheld the judgment of the High Court as reasonable and acceptable and convicted three accused on the charge of procuring a minor girl and engaging her in saving an illicit intercourse with another person. Mostly the economically backward people fall prey in the hands of the kidnappers. They mainly focus on the poor as the deprived can be induced easily. Traffickers import minor girls and women from various countries namely, Bangladesh, Ukraine, Georgia, Uzbekistan, Azerbaijan, Nepal, Thailand, Malaysia etc. after importing the girls from various countries they are either forced or seduced to illicit intercourse with a third party.

Selling or buying a minor girl for the purpose of prostitution

The concept of child prostitution in India is centuries old. Girls and women are the main targets of immoral trafficking in our country. The data from the National Crime Records Bureau suggests more than 75% of human trafficking over a decade. Multiple cases are registered under human trafficking which include buying and selling of minors for prostitution after procuring or importing them foreign country. Minor girls are sexually exploited for commercial purposes for the determination of brothel-based prostitution, sex-tourism and pornography. Human trafficking has spread like a virus and expanded to almost every State in the country. Human trafficking is the third largest foundation of profit for organised crime. Bhagwati J. in the case Lakshmi Kant Pandey v. Union of India[12] held that children are an enormously important national asset and the future welfare of the nation depends on how its children grow and develop. Most of the times the minor girls are sold into sex trade for money. Child prostitution typically manifests in the form of sex trading, wherein a minor is kidnapped and employed for the purpose of prostitution or illicit intercourse with a third party or for any unlawful or immoral purpose. Even if consent is obtained from the minor, it is immaterial and the minor girl is a victim of exploitation. This was stated in the case Harpal Singh and Anr. v. State of Himachal Pradesh[13]. This contention was re-iterated by the Madhya Pradesh high Court in the case Mohandas Suryavanshi v. State of Madhya Pradesh[14].

Sexual Abuse, Rape and Murder

Women and children are exploited, assaulted and abused in several ways. The sexual offences committed against women are in large numbers and most go unreported due to fear and pressure from the society along with persistent threat from the accused. Post kidnapping or abduction a woman is harassed in multiple ways that include sexual abuse, assault and rape. The perpetrators of crime, murder the women after raping them. Hence, it can be said that kidnapping and abduction leads for more heinous crimes. Since time immemorial women are subjected to the atrocities in the society. Rape has been held to violate a person’s fundamental life guaranteed under Art. 21 in various cases. Right to life includes right to live with human dignity[15]. Therefore, it includes all those aspects of life that make life meaningful, complete and worth living. The Supreme Court in Bodhisattwa Gautam v. Subhra Chakraborty [16] held that rape is not only a crime against a woman, it is a crime against the entire society. The court further stated that rape is a crime against basic human rights and it violates the most cherished fundamental right of the victim, the right to live with human dignity under Article 21 of the Indian Constitution. The Supreme Court awarded death sentence to the accused in the case Kamta Tiwari v. State of Madhya Pradesh[17], for kidnapping, raping and strangulating a minor girl to death. The court further described the crime as barbaric and gruesome. A chain of crimes is committed against women after abducting them. The Suryanelli rape case[18] where a 16 years old girl was abducted and raped by multiple people over a period of 40 days. The accused were found guilty of procuring and raping a minor by the Kerala High Court. There are several cases where women are kidnapped, raped and murdered by men. In the case Sebastian @ Chevithiyan v. State of Kerala[19], the Supreme Court awarded life imprisonment to the accused for kidnapping, raping and murdering a two years old girl. This was a brutal, heinous and inhuman crime. This was a very unfortunate and abusive facet of human conduct. In another case, a 11 years old girl was procured by the accused and raped multiple times before killing her. The accused was charged under Sections 363, 366-A, 304 and 376. The Supreme Court sentenced the accused to imprisonment for life.[20] The Supreme Court in various cases commuted death sentence to life imprisonment for abduction, rape and murder of a girl holding that life imprisonment would serve the object of reformation, retribution and prevention of the accused.[21]

Rape is the utmost morally and physically reprehensible crime in society, as it is an assault not just on one’s body but also her mind and privacy. A rapist shakes the very core of her life by degrading and defiling the soul of a helpless female. Rape is not a crime against an individual, but the entire society. It is synonymous to a serious blow to the supreme honour of a woman, offending both, her self-esteem and dignity which causes psychological and physical harm to the victim, leaving upon her ineffaceable marks for the rest of her life.[22]

The legislation “Immoral Traffic (Prevention) Act, 1986” put in place to reduce the rates of abduction of women and crimes committed subsequently are insufficient

Anti-trafficking laws in our country are covered under an extensive range of compound patchworks, ranging from the Indian Penal Code, 1860, and Immoral Traffic (Prevention) Act, 1986 to various other social legislations. Although Article 23 of the Indian Constitution prohibits trafficking in any form, the rate of trafficking is only spiking. Though human trafficking is illegal under Indian law, but relics a substantial problem in our nation where women and girls pay the highest price. In the case of People’s Union for Democratic Rights and Ors. v. Union of India and Ors.,[23] the Supreme court held that Article 23 is enforceable not only against the States but also against private individuals indulging in trafficking. The same was re-affirmed by the apex court in the case Sanjit Roy v. State of Maharashtra[24].

According to the National Crime Records Bureau (NCRB), the common causes of trafficking include forced marriage, child labour, domestic help and sexual exploitation. The traffickers target Indian women and girls and recruit significant numbers of Nepali and Bangladeshi women and girls to India for the purpose of sex trafficking. India is considered to be a destination for child sex tourism. Not just in traditional red-light areas, spas, dance bars and massage parlours but traffickers are increasing exploiting women and children for the purpose of sex trafficking in small hotels, vehicles, huts and private residences. Traffickers kidnap and force women and girls to work as orchestra dancers, exploit women and girls for sex trafficking in religious pilgrimage centres and tourist destinations. The traffickers use online technology like Whatsapp and Facebook to facilitate sex trafficking and deceitful recruitment. The traffickers occasionally kidnap young girls from public places like railway station, park, footpath and entice them with drugs and hormone injections for them to look older and finally force them into sex trafficking.

Not just in India but human trafficking is a global issue and according to Global Report on Trafficking in Persons by the United Nations Office on Drugs and Crime (UNDOC), the most conventional form of human trafficking is sexual exploitation (79%) where the victims are predominantly women and girls.[25] India is the foundation, destination, and transit country for trafficking for the purpose of commercial sexual exploitation. 40% of the trafficked victims consist of children, and there is a budding demand for young girls in this business. Trafficking of minor girls are found both in developed and developing nations. They are not only used for prostitution but also for forced marriage, illegal adoption, cheap and unpaid labour, sport and organ harvesting. This exposes young girls to vehemence, abuse, negligence and exploitation. Human trafficking is a crime consisting of several other crimes. It is a basket of crimes. From this basket multiple crimes can be dug out like kidnapping, abduction, criminal intimidation, criminal conspiracy, illegal detainment, illegal confinement, hurt, grievous hurt, sexual assault, outraging a woman’s modesty, rape, selling and buying of minor girls, etc. Trafficking can therefore be considered as an organised crime. Multiple abuse and abusers situated at various places and time together constitute the organised crime of trafficking only to serve their own purpose and making money for themselves. The victims face major human rights violation like denial of privacy, denial of justice, denial of access to justice, deprivation of basic rights and dignity etc which constitute other part of exploitation. Thereby, proving that trafficking is an organised crime.

The central legislation is India that deals with trafficking majorly is the Immoral Traffic (Prevention) Act, 1986 which originally was the Suppression of Immoral traffic in Women and Girls (SITA), 1956 addresses only one aspect of it, namely prostitution or commercial sexual exploitation. There are various anomalies in the law itself including lack of consensus on definition of trafficking or exploitation, absence of clarity on the rights of victims, feeble penal measures against wrongdoers, and meagre enforcement mechanisms.

ITPA’s scope is limited to prostitution or commercial sexual exploitation

The Immoral Traffic (Prevention) Act, 1986 is an anti-trafficking law but the Act does not recognise trafficking in persons as a specific or separate crime. Trafficking under this Act is addressed merely as a prostitution-related activity or commercialization of sexual exploitation. A basic deficiency in the Act is the lack of a concrete definition of trafficking. Under Sec 5 of the ITPA, trafficking is procuring, inducing or taking a person for the purpose of prostitution. The Act does not define trafficking in persons and limits the crime of procurement to prostitution only. Prostitution is defined under Sec 2(f) of the Act as the sexual exploitation or abuse of persons for commercial purposes. The Supreme Court in the case Gaurav Jain v. Union of India[26], held that exploitation of a woman’s body for one’s benefit of sexual intercourse amounts to prostitution. Exporting and importing of girls though mentioned in IPC, has not been dealt with in this Act. Trafficking of children for the purpose of sex tourism should also be recognised as a crime. Trafficking of young girls for the purpose of marriage to avoid the payment of dowry, or for religious purposes to serve in temples are also not mentioned in the Act. The emphasis is on defining brothels as the site of commercial sexual exploitation thereby penalizing the facilitators of such exploitation in brothels. Therefore, the actual offence remains unclear and this vagueness tends to leave out a plethora of offenders involved in the transport and harbouring of budding victims of commercial sexual exploitation. Women are sexually exploited in small hotels, clubs, dance bars, huts, vehicles etc but the Act does not cover sexual exploitation in private places, apart from a brothel. Although the Act mentions soliciting or use of public spaces within a certain proximity to public places under Sec 7, the Section is not exhaustive. Cross-border dimensions of trafficking including inter-State trafficking remain sternly neglected by the Act. Hence, it is majorly an anti-prostitution law rather than an anti-trafficking law.

Punishment meted out to the victims rather than the offenders

The treatment of women who are exploited and therefore are the victims of sexual abuse are treated as offenders, as reflected by their detention in corrective institution under Sec 10A of the ITPA, contradicts the term ‘victim’ as a victim cannot be labelled and treated as an offender under any circumstance. This logical inconsistency mirrors the befuddled situation on prostitution intrinsic in the law. Although prostitution essentially isn’t prohibited in India expect when done in public places, all women and girls in prostitution are habitually treated as offenders under the ITPA. Additionally, the term “corrective institution”[27] is offensive on the part of victims when they have been forced into commercial sexual exploitation against their will. The victims who were recruited, transported, harboured, bought, sold-off, or abducted and forced into the business of trafficking against their will are now being considered as victims. Detaining a trafficked woman in a protective home or corrective institution is a substitute to punishment. If the punishment were to be extended to pimps, agents, procurers, abductors, etc the Section would target the real offenders more precisely. Preferably, the women in prostitution should be dropped from the clause and it should be retained only for the other wrongdoers of the crime.

Rehabilitation, Compensation and Protection

The most blatant incongruity in the law related to rehabilitation and compensation is the absence of a specified set of rights for the victims. Rehabilitation of victims rescued from red-light areas or other areas require enforcement and such procedures and principles must be evolved to ensure that the victims are not deprived of their fundamental or human rights.[28] Not defining the rights of the victims is a basic lacuna in the Act. The rights of the victims need to be defined with greater precision and clarity to serve the purpose of justice. Without specifying the rights of the victims, ITPA gives a discretionary power to the State Governments aimed at making provisions for corrective and protective institutions. The discretionary power on the part of State Government makes them inefficient in carrying out their duties in the interest of the victims thereby implying that the State Governments conform with these provisions only to the extent that their budget capacities allow. As budgets for these matters incline to be lacking, these areas remain grossly neglected. Therefore, protective homes or corrective institutions are poorly equipped. Welfare measures though recommended by the government; they have not been explained. There are no clarifications on how they cling to explicit rights inherent in victims. The rights under rehabilitation, which ought to incorporate legitimate, legal, psychological, health and educational backing and thus empower them to join the standard of society, are woefully absent from the law. This breach has contributed to the poor implementation of the rehabilitation process. A distinction between children and adults have not been made under this Act. The fact that the certain aspects are open to interpretation, is in itself a lacuna of the Act as this is a legislation that deals with a type of crime which in itself is a gross violation of Human Right under the Universal Declaration of Human Rights alongside being a violation of Article 21 of the Constitution of India. Since the Act does not treat the prostitutes as victims, the provisions laid down includes their detention in protective or corrective homes without their consent. The process of rehabilitation must include counselling but the ITPA does not provide legal counselling, better health, compulsory education or livelihood opportunities. After the victims are released from detention, their lives do not remain the same and intact and they are considered as a lost cause in the society. In the case of Vishal Jeet v. Union of India[29], the Supreme Court while putting on record the growing exploitation of young women and children for prostitution and trafficking reported that in spite of the stringent and rehabilitative provisions of law under various Acts, it cannot be said that the desired result has been achieved. Correspondingly, an absence of a coherent policy to guide finalization of the minimum and maximum amount of compensation to be given to the victims or the procedures to be followed for obtaining legal compensation signifies that the victims have to wait for long durations before receiving anything, if any. Another essential requirement which is missing from the Act is the presence of a trusted person during depositions that involve children. This gap makes it difficult for children to feel safe, secure and free to depose particularly in the presence of the police and the accused. The Act lacks the stipulation for a witness protection programme or the option of in-camera proceedings which averts many victims, especially minor girls from testifying against the accused. In the case of Munni v. State of Mahrashtra[30], the Bombay High Court accepted the menace of sexual abuse and immoral trafficking to force children into age old business of prostitution needs to be tackled by the government. Further in the case of Kamaljit v. State of NCT, Delhi[31], the court held that trafficking is a stringent crime and strict measures in the interest of women are needed.

Remedial measures can be taken to deter violent crimes against women

Kidnapping and Abduction which further leads to various other crimes including human trafficking is a socio-legal problem and it is an indication of a much deeper malevolence in our society. Thus, an instant remedy to such a widespread problem is impossible. The difficulties in determining and measuring the number of trafficking cases make the chore of prevention very challenging. However, several measures can be taken towards this direction and fruitful implementations of the steps can surely bring about optimistic results. The Apex court in the case Vishal Jeet v. Union of India[32]All the State Governments and the Governments of Union Territories should mandatorily take steps in providing adequate and rehabilitative abodes staffed by well-qualified trained social workers, psychiatrists, and doctors. Various short-term and long-term measures must be formulated to deter the crimes committed against women.

Providing basic education

Education is the vital key. It plays a pivotal role in every human’s life. All children in the age group of six to fourteen years must be provided with the free and compulsory education.[33] The families and the group homes must be educated and enabled with the goal that they can provide care and protection to their children. They should be made aware of child rights which is conceivable through education. Both parents and teachers play an essential part to shield children, especially minor girls from kidnapping and abduction.

Public Awareness

No legislation can bring about adequate effect unless there is public awareness. Public must be made aware of the rate of kidnapping and abduction from various regions every year and consequently keep their women and children safe. Public awareness about kidnapping and abduction must not be neglected. Awareness of their rights and data about effective governmental help would guarantee legitimate use of different strategies and laws encompassed by the government.

Empowerment of girls

Manifold efforts are required to empower minor girls and prepare them to make a safe and successful evolution to adulthood. Educating minor girls for reaching this purpose is fundamentally precise. Minor girls must be instructed to recognise and protect themselves from the threat of kidnapping and abduction. They are to be made aware and trained from the peril of sexual exploitation. They can develop life skills and get trained in livelihood aids and financial literacy in safe spaces through various programmes. These mediums can be a platform to raise awareness about kidnapping, abduction, aggravated forms of kidnapping, trafficking etc, for remaining vigilant and resisting the lure of traffickers and on suspicion of trafficking they can inform the agencies.

Role of media

The media can be an influential advocate for children and is fundamental to promoting awareness and understanding of the Convention on the rights of a child. More emphasis should be given to radio and television which highlights children’s issues and crimes committed against women regularly. Thus, media has to similarly undertake a dynamic part in instructing and sharpening the general public about kidnapping and abduction by giving required publicity to these aggravated forms of crimes and also publicise the current laws present against kidnapping and abduction.

Role of Judiciary

The State police, government, Non- governmental organizations must come forward in order to help to retrieve from the evil crimes of kidnapping and abduction of minor girls and women for various purposes. They must be vigilant enough to prevent the commitment of any organised crime. The Courts shall ensure the assistance provided to the victims for them to regain social stability. Further, the courts must also ensure justice being served to the victims without treating them as the offenders.

CONCLUSION

As I have precisely iterated in this article that kidnapping and abduction is something that has been happening throughout centuries of human existence and still prevails in our society with an increasing rate of crimes every day. Kidnapping and abduction is the pedestal to sexual slavery. It is a step into the abyss. Basic to battling trafficking of children is the co-task between the legitimate structures, the administrative bodies and the non-government bodies the world over. The going of deterrent laws for the abductors or kidnappers, rather than the setback is a phase towards reducing the event of aggravated forms of kidnapping or trafficking in children, especially minor girls, anyway one must reminisce that the criminal mind will unfailingly discover its tactics to go around the laws passed. The precise extent of the offence isn’t addressed as far as information and measurements and the correct methods of execution are still obscure. There is absence of awareness among natives – potentially due to the single-mindedness of State authorities to disclose ills that impact national dignity and recklessness. Co-task among various countries ought to be developed to counter this phenomenon, for case by uniformity in punitive arrangements between countries which would be a welcome thought to proportional requirement of protection and prevention in buying and selling of minors and trafficking which is for the most part a “cross-edge” wrongdoing. This uniformity can be accomplished through commendation of international instruments and national implementation of these international humanitarian instruments recognizing the composite wrong of kidnapping and abduction of women.

REFERENCES

The websites referred for this research paper are:

Books referred for the study are:

Dr. Kailash Rai, The Constitutional Law of India (Central Law Publications) (Eleventh Edn. Reprint) 2015
Dr. J.N.Pandey, Constitutional Law of India (Central Law Agency) (Fifty-first Edn.) 2014
Narender Kumar, Constitutional Law of India (Allahabad Law Agency, 9^thed, 2015)

Database referred for the research are:

[1] Khalilur Rahman v. King Emperor, 1933 (11) Rang. 213.

[2] Thakorlal D. Vadgama v. State of Gujarat, (1973) 2 S.C.C 413.

[3] Rajendra Shantaram Todankar v. State of Maharashtra, (2003) 2 S.C.C 257.

[4] Moti Chand And Anr. v. State of Rajasthan, 2001 CriLJ 1916.

[5] State of Maharashtra v. Mayer Hans George, 1965 A.I.R 722.

[6] Tarkeshwar Sahu v. State of Bihar, MANU/SC/4421/2006.

[7] S. 3, Indian Penal Code (Amendment) Act, 1923 No. 20, Acts of Parliament, 1923.

[8] Jaya Mala v. Home Secretary, Jammu and Kashmir, A.I.R 1982 S.C 1297.

[9] Samsul Alam v. State of Assam, 2005 (3) GLT 105.

[10] Dharani Daloi v. State of Assam, Criminal Appeal No. 254 of 2002.

[11] Manjappa v. State of Karnataka, [2010] INSC 716.

[12] Lakshmi Kant Pandey v. Union of India, [1984] 2 S.C.C 244.

[13] Harpal Singh and Anr. v. State of Himachal Pradesh, A.I.R 1981 S.C 361.

[14] Mohandas Suryavanshi v. State of Madhya Pradesh, 1999 CriLJ 3451.

[15] Francis Coralie v. Union Territory of Delhi, 1981 A.I.R 746.

[16] Bodhisattwa Gautam v. Subhra Chakraborty, 1996 A.I.R 922.

[17] Kamta Tiwari v. State of Madhya Pradesh, (1996) 6 S.C.C 250.

[18] State of Kerala v. Joseph, MANU/SC/0379/2013.

[19] Sebastian @ Chevithiyan v. State of Kerala, (2010) 1 S.C.C 58.

[20] Shankar Kisanrao Khade v. State of Maharashtra, (2013) 5 S.C.C 546.

[21] Kalu Khan v. State of Rajasthan, (2015) 16 S.C.C 492.

[22] Deepak Gulati v. State of Haryana, 2013 (7) S.C.C 675.

[23] People’s Union for Democratic Rights and Ors. v. Union of India and Ors., 1982 A.I.R 1473

[24] Sanjit Roy v. State of Maharashtra, 1983 A.I.R 328

[25]Global Report on Trafficking in Persons (Sept. 20, 2020, 12:10 PM),

https://www.unodc.org/unodc/en/human-trafficking/global-report-on-trafficking-in-persons.html#:~:text=A%20Global%20Report%20on%20Trafficking,being%20done%20to%20fight%20it.

[26] Gaurav Jain v. Union of India, A.I.R 1997 S.C 3021.

[27] S. 2(b), Immoral Traffic (Prevention) (Amendment) Act, 1986, No. 44, Acts of Parliament, 1986 (India)

[28] Gaurav Jain v. Union of India, A.I.R 1997 S.C 3021

[29] Vishal Jeet v. Union of India, A.I.R 1990 S.C 1412

[30] Munni v. State of Mahrashtra, Criminal Writ Petition No. 227/2011

[31] Kamaljit v. State of NCT, Delhi, 148 (2008) DLT 170

[32] Vishal Jeet v. Union of India, A.I.R 1990 S.C 1412

[33] INDIA CONST. art 21

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