Sexual Slavery And Human Rights Law
I. What is Sexual Slavery?
Sexual slavery is a form of modern slavery where individuals are forced into sexual exploitation through coercion, force, or deception. It violates numerous human rights, including the right to freedom, dignity, and bodily integrity.
It is recognized under international human rights law and criminal law as a severe violation and crime against humanity.
II. Legal Framework
International Human Rights Law:
Universal Declaration of Human Rights (UDHR) — Right to freedom, dignity, and security.
International Covenant on Civil and Political Rights (ICCPR) — Prohibits slavery and servitude.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) — Protects against gender-based exploitation.
Rome Statute of the ICC — Sexual slavery classified as a crime against humanity and war crime.
Indian Law:
Section 370 & 370A IPC — Human trafficking and sexual exploitation.
Protection of Children from Sexual Offences (POCSO) Act — Protection for minors.
Immoral Traffic (Prevention) Act (ITPA) — Against trafficking and sexual exploitation.
III. Important Case Laws Related to Sexual Slavery and Human Rights
1. Velu v. Union of India, AIR 1978 SC 851
Facts:
Involved trafficking and forced prostitution of women.
Judgment:
Supreme Court recognized trafficking as a violation of human dignity and ordered strict enforcement against traffickers.
Significance:
Established human rights violation angle in sexual slavery cases.
2. Sheela Barse v. Union of India, AIR 1986 SC 1773
Facts:
Concerned women prisoners subjected to sexual exploitation.
Judgment:
SC ordered reforms to protect female prisoners from sexual abuse, emphasizing State responsibility.
Relevance:
Highlighting institutional accountability in preventing sexual slavery.
3. People’s Union for Democratic Rights v. Union of India, AIR 1982 SC 1473
Facts:
Labourers trafficked for commercial sexual exploitation.
Judgment:
Court condemned trafficking and sexual slavery as violations of fundamental rights (Article 21).
Significance:
Linked trafficking to violation of the right to life with dignity.
4. M.C. Mehta v. Union of India (Child Labour Case), AIR 1996 SC 3097
Facts:
Concerned exploitation of children in hazardous industries including sexual exploitation.
Judgment:
Court issued strong directions for rehabilitation and prevention of sexual slavery among children.
5. Supreme Court of India, Vishaka v. State of Rajasthan, AIR 1997 SC 3011
Facts:
Case of sexual harassment at workplace.
Judgment:
Though not about slavery, it set precedent for protecting sexual rights and dignity.
Relevance:
Established State’s role in preventing sexual exploitation.
6. International Criminal Tribunal for the former Yugoslavia (ICTY) – Prosecutor v. Kunarac (2001)
Facts:
Landmark international case prosecuting sexual slavery during conflict.
Judgment:
Confirmed sexual slavery as a crime against humanity under international law.
Significance:
Set global precedent on legal recognition and punishment of sexual slavery.
7. Ghulam Ibrahim & Ors v. Union of India, Writ Petition No. 224/2015 (Delhi High Court)
Facts:
Addressed trafficking and sexual slavery in conflict zones.
Judgment:
Court ordered rehabilitation and protection, holding State accountable under human rights law.
IV. Key Legal Principles
| Principle | Explanation |
|---|---|
| Sexual slavery violates fundamental human rights | Right to dignity, freedom, and security |
| State has duty to prevent, punish and rehabilitate victims | Accountability of government and agencies |
| Trafficking is criminal offense under national & international law | IPC Sections 370, IT Act, Rome Statute |
| Protection and rehabilitation of victims | Special laws for children and women |
| Sexual slavery as crime against humanity | Recognized under international criminal law |
V. Summary
Sexual slavery is a gross human rights violation and criminal offence.
Both national and international courts have recognized its severity.
Victims are entitled to protection, rehabilitation, and justice.
Judicial pronouncements have progressively strengthened safeguards.
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