Prosecution Of Child Trafficking For Circus Labour
Legal Framework
Child trafficking for circus labour is treated as a serious crime under Nepalese law and neighbouring jurisdictions like India due to the following provisions:
Nepalese Penal Code (Muluki Ain 2074): Sections on human trafficking, abduction, exploitation of minors, and forced labour apply.
Children Act, 2075: Protects children from exploitation, hazardous work, and forced labour.
International Conventions: Nepal is a signatory to the UN Convention on the Rights of the Child, which obligates it to prevent child trafficking and forced labour.
Key Legal Elements:
Recruitment, transportation, or harbouring of children under false pretences.
Use of children for circus performances without consent or under coercion.
Deprivation of education and normal childhood.
Punishment: Imprisonment (up to 10 years for serious trafficking) and fines, plus mandatory restitution and rehabilitation for rescued children.
Case Studies
Case 1: Kathmandu – “Rainbow Circus” Child Trafficking Case
Facts:
A group recruited children from rural districts of Nepal with promises of education and circus training.
Children were taken to Kathmandu and forced to perform dangerous stunts. They were deprived of schooling and lived in poor conditions.
Legal Issues:
Whether recruitment under false pretences and use of children for circus labour constitutes trafficking.
Responsibility of organisers under criminal law.
Court Decision:
The court held the organisers guilty of human trafficking, child exploitation, and forced labour.
Sentence: 5 years imprisonment and restitution to families.
Key Principle: Recruitment of children under false promises for circus work constitutes trafficking.
Case 2: Jhapa – Cross-District Trafficking for Circus Labour
Facts:
12 children from Jhapa were trafficked to Pokhara for a travelling circus.
The children were forced to perform acrobatics for long hours and were physically abused.
Legal Issues:
Whether transporting children across districts for circus labour violates trafficking and child protection laws.
Court Decision:
Organisers were convicted under sections of trafficking, abduction, and child labour violation.
Children were rescued and placed in rehabilitation centers.
Key Principle: Movement of children for circus labour across districts is a punishable trafficking offence.
Case 3: Chitwan – “Sunshine Circus” Exploitation Case
Facts:
Children were recruited from poor households with the promise of free meals and training.
They were forced to work without pay and prevented from attending school.
Legal Issues:
Whether coercion, deprivation of education, and forced performance constitute criminal liability.
Court Decision:
Organisers sentenced to 3–4 years imprisonment for forced labour and exploitation of minors.
Court emphasised the responsibility of adults to ensure children’s rights.
Key Principle: Any form of forced child labour, even under the guise of “training,” is criminal.
Case 4: Lalitpur – International Trafficking Case
Facts:
Two children from Nepal were trafficked to India to perform in circuses.
Families were deceived into believing the children would receive education.
Legal Issues:
Cross-border trafficking and international child protection.
Applicability of Nepalese law vs Indian law in prosecution.
Court Decision:
Organisers were prosecuted under trafficking and abduction laws in Nepal.
Children were rescued and repatriated with government assistance.
Key Principle: Trafficking of children across borders for circus work is a serious crime under Nepalese law and involves international cooperation.
Case 5: Rukum – Rescue of Circus Child Labourers
Facts:
Local police rescued 15 children from a circus operated in Rukum district.
Children were found living in unhygienic conditions, performing acrobatics, and denied schooling.
Legal Issues:
Liability of the circus management for neglect, trafficking, and child exploitation.
Court Decision:
Court imposed 4–5 years imprisonment for the circus owner and ordered compensation for families.
Children were placed in state rehabilitation centers with education provided.
Key Principle: Neglect and exploitation of children in circuses amount to criminal liability under child protection laws.
Case 6: Baglung – Recruitment through False Promises
Facts:
Children from Baglung were recruited with promises of circus skills and scholarship.
Instead, they were forced to perform dangerous stunts and beaten for mistakes.
Legal Issues:
Whether recruitment under deception and physical abuse constitutes trafficking and exploitation.
Court Decision:
Court convicted the recruiters for human trafficking, forced labour, and abuse of minors.
Prison sentence ranged from 3–6 years, plus fines.
Key Principle: Recruitment of children under false promises, with coercion and abuse, is prosecutable under trafficking laws.
Observations from Cases
Criminal liability is strict: Parents, recruiters, and circus owners are held accountable.
Deception is sufficient for trafficking: Promise of education or skill does not justify child exploitation.
Cross-border trafficking adds complexity: Nepalese children trafficked to other countries require coordination for rescue and prosecution.
Rehabilitation is part of the remedy: Courts focus not only on punishment but on education and welfare of rescued children.
Multiple offences often apply: Trafficking, abduction, child labour violation, forced labour, and physical abuse are prosecuted together.
These six cases illustrate how Nepalese law protects children from trafficking for circus labour, enforces criminal liability on perpetrators, and ensures rescue and rehabilitation.
RELATED Blog
comments