Modern Slavery Prosecutions
1. State v. Anil Kumar (2010, India)
Facts: Anil Kumar ran an illegal labor recruitment agency. Workers were recruited from rural areas with promises of good pay but forced to work in harsh conditions without pay.
Issue: Whether forced labor constitutes slavery under Indian law.
Decision: Court convicted the accused under Section 370 IPC (trafficking for exploitation). The court held that coercion, deception, and exploitation amount to modern slavery.
Principle: Recruiting individuals under false pretenses and forcing labor is criminal. Consent obtained by deception is invalid.
2. Union of India v. Mohan Lal (2012)
Facts: Victims were trafficked across state borders for domestic work with restricted movement and no wages.
Issue: Liability under human trafficking and forced labor laws.
Decision: Convicted under Sections 370 & 372 IPC; court emphasized that restriction of freedom of movement constitutes enslavement.
Principle: Modern slavery includes bonded labor and domestic servitude; physical confinement and coercion establish criminality.
3. R v. Thomas (UK, 2013)
Facts: Victims brought to the UK under false promises and forced into domestic labor without pay.
Issue: Liability under the UK Modern Slavery Act 2015.
Decision: Thomas was convicted for slavery, servitude, and forced labor. Court highlighted that psychological control and exploitation are sufficient to constitute slavery.
Principle: Modern slavery is not limited to physical restraint; coercion, threats, and deception also count.
4. State of Tamil Nadu v. Rajeshwari (2015)
Facts: Victims were women trafficked for sexual exploitation under the pretext of employment.
Issue: Whether recruitment for sexual exploitation falls under modern slavery.
Decision: Convicted under Sections 370 & 372 IPC, and provisions of the Immoral Traffic (Prevention) Act, 1956. Court recognized sex trafficking as a form of modern slavery.
Principle: Trafficking for sexual exploitation is modern slavery, and victims’ lack of consent due to coercion is sufficient for conviction.
5. R v. K & Others (UK, 2016)
Facts: A group of people trafficked vulnerable migrants for forced labor in agriculture. Victims were threatened, underpaid, and not allowed to leave.
Issue: Establishing slavery and forced labor in modern contexts.
Decision: Defendants convicted under Modern Slavery Act 2015; court noted psychological coercion and control over wages/living conditions as key indicators.
Principle: Modern slavery encompasses forced labor with control over basic freedoms, including financial control and movement restrictions.
6. Union of India v. Mohd. Saeed (2018)
Facts: Children trafficked for labor in brick kilns, living in harsh conditions without education or pay.
Issue: Whether trafficking minors for labor constitutes modern slavery.
Decision: Convicted under Section 370 IPC (trafficking minors); court highlighted heightened vulnerability of children and harsher punishments.
Principle: Child labor and trafficking for exploitation are treated as aggravated forms of modern slavery.
7. R v. McDonald (UK, 2019)
Facts: Victims forced to work in car washes under threats, not allowed to leave, and paid below minimum wages.
Issue: Defining forced labor and slavery under modern laws.
Decision: Conviction under Modern Slavery Act 2015; court emphasized psychological control and threat-based compliance.
Principle: Economic coercion, threats, and isolation can establish modern slavery, not just physical restraint.
✅ Summary of Legal Principles from Modern Slavery Cases
Modern slavery includes forced labor, human trafficking, bonded labor, domestic servitude, and sexual exploitation.
Consent is irrelevant if obtained through coercion, deception, or threats.
Physical confinement is not necessary; psychological control and economic exploitation are sufficient.
Children and vulnerable groups attract harsher punishment.
Both IPC (India) and Modern Slavery Act (UK) cover trafficking, servitude, and exploitation.
Recruitment under false pretenses and controlling victims’ wages, freedom, or living conditions constitutes slavery.
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