WOMEN TRAFFICKING

Women trafficking in India, although illegal under Indian law, remain a significant problem. People are
frequently illegally trafficked through India for the purposes of commercial sexual exploitation. Women
are trafficked in India for diverse reasons. Women and girls are trafficked within the country for the
purposes of commercial sexual exploitation and forced marriage, especially in those areas where the sex
ratio is highly skewed in favour of men.

India is also a destination for women and girls from Nepal and Bangladesh trafficked for the purpose of
commercial sexual exploitation. Indian women are trafficked to the Middle East for commercial sexual
exploitation. Human trafficking in India results in women suffering from both mental and physical issues.
Mental issues include disorders such as PTSD, depression and anxiety. The lack of control women have in
trafficking increases their risk of suffering from mental disorders. Women who are forced into trafficking
are at a higher risk for HIV, TB, and other STDs. Condoms are rarely used and therefore there is a higher
risk for victims to suffer from an STD.

REAL LIFE STORY REGARDING WOMEN TRAFFICKING

When she was 22 years old, Luiza Karimova left her home in Uzbekistan and travelled to Osh, Kyrgyzstan
with the hopes of finding work. However, without a Kyrgyz ID or university degree, Karimova struggled to
find employment. When a woman offered her a waitressing job in Bishkek, the capital city in the north of
Kyrgyzstan, she welcomed the opportunity.

But things took a turn for the worse after arriving in Bishkek. Karimova recalls that, “They held us in an
apartment and took away our passports. They told us that we’d be photographed again for our new
employment documents, to be registered as waitresses. It felt strange, but we believed them.”

Then, Karimova and the other women were put on a plane to Dubai, handed fake passports instead of
their real ones, and shepherded to an apartment after landing. “We were to be sex slaves and do
whatever the clients wanted. The next day I was sent to a nightclub and told that I would have to earn at
least 10,000 USD by the end of the month,” says Karimova.

For 18 months, her life was consumed by the nightclub work. Upon leaving the club one evening,
Karimova saw a police car approaching, and instead of running away, she stayed to let the police arrest
her.

“I was deported back to Osh, and since my ID was fake, I spent a year in jail. I filed a police report, and
three of the traffickers were captured”.
However, after being released from prison, Karimova was left to live on the streets, ashamed and
unemployed. She went back to work in the sex industry until she was approached by Podruga, an
organization that assists women subjected to sex and drug trafficking. “They offered me work. I wasn’t
sure that I would fit in, but slowly I began to trust them,” she says.

Now, Karimova works to prevent the exact situation in which she found herself. As an outreach worker
with Podruga, she visits saunas and other places where sex workers may be. “I often meet girls who
dream of going to Turkey and Dubai, to earn more. I tell them, ‘please don’t go...There is nothing good for
you there.’”

To prevent their futures from unfolding as hers did, Karimova provides the women with health and safety
resources and information about legal aid. “To stop trafficking of women and girls, we have to inform
people about the full consequences of human trafficking and how to detect the signs. It is critical to start
raising awareness about this in schools, starting young, so that they do not become victims.”
 CASE REGARDING WOMEN SEXUAL ABUSE

High court of Judicature at Allahabad

Petitioner: Rajiv Kumar through Ajay Kumar Srivasava, Advocate.

Respondent: Ram Bahadur through.

Bench: HON’BLE OM PRAKASH (J).

Summary of the case:

1.The facts of the case are, as unfolded by the informant Ram Bahadur son of Hira Lal in the First
Information Report (in short 'F.I.R.'), are that in May, 2003, the informant had married his daughter Nanhi
@ Sumitra with Rajiv son of Kalicharan resident of Village Kangawan, Police Station Bisalpur according to
Hindu rites and rituals. At the time of marriage, he had given sufficient dowry as per his capacity but the
in-laws of his daughter were not happy with the same and were demanding additional dowry in the form
of Motorcycle and Rs. 80,000/- for opening shop. Informant and his daughter told that they were poor
person and were unable to fulfil the additional demand but the accused did not agree and were adamant
on their demand. The daughter of the informant told many times to him that the accused persons would
kill her if the demand is not fulfilled. The informant along with Indradeo, the son of his brother in law
(sarhu), tried to pacify the matter, but husband of the deceased Rajiv, father in law Kalicharan, mother in
law, sister in law (Nanad) Chala and sister-in-law Rani and her husband Hariom repeatedly subjected her
to harassment and cruelty due to non-fulfilment of the additional demand of dowry and gave threat to
kill. The informant tried many times to pacify the matter but they told that without fulfilment of
additional demand of dowry, the daughter of the informant will not be allowed to remain in their houses.
On 16.7.2008, informant was informed on telephone that his daughter was killed by them. On
information when informant and his son reached village Kangawan, he saw the dead body of the
deceased lying in the room. Head was lacerated. There was mark of injury on the neck.

2. On the basis of the written report (Ext. ka-1), check First Information Report (Ext. Ka-3) was registered
at Police Station concerned on 16.7.2008 at 20.15 hours mentioning all the details as had been described
in Ext. Ka-.1. G.D. entry (Ext. ka-4) was also made at the same time.

3. Investigation of the matter was entrusted to the Circle Officer, Bisalpur. The Investigating Officer
started investigation. He inspected the place of occurrence and prepared site plan (Ext. ka-13). Inquest
report (Ext. ka-5) was prepared. Other police papers i.e. letter to Chief Medical Officer, photo lash, challan
lash (Ext. ka- 6 to ka-9) were also prepared.

4. Autopsy report (Ext. ka-2) was prepared after conducting the post mortem on 17.7.2008 at 4.00 p.m.
5. As per the post mortem report, the deceased was average body built. Eye was closed, mouth was half
opened and the rigor mortis was passed of in upper extremities and was present in lower extremities.

6. On examination of the dead body of the deceased, following ante-mortem injuries were found:

"1. Ligature mark around the Neck 34 cm x 0.8 cm horizontally placed & transversely placed (L) end 10 cm
below low end of (L) ear lo & 8 cm below the chin. Subcutaneous tissue congested margins abraded
ecchymosed Jugular venous pooling present. Hyoid Bone fractured.

2. Abraded contusion size 4 cm x 1 cm over (R) upper part of Neck starting from front of neck going to (R)
side 3 cm below chin.

3. Abraded contusion 12 cm x 6 cm over post medieval and lateral aspect of (R) lower part of upper arm
including elbow and upper part of Forearm.

4. Abraded contusion 8 cm x 4 cm over (L) lower back 8 cm above post superior iliac spine.

5. Contusion 10 cm x 8 cm over lat. aspect of upper part of (D) thigh.

6. Contusion 6 cm x 5 cm over last aspect of (R) shoulder.

9. In the opinion of the doctor, death was caused by asphyxia due to ante-mortem strangulation.

10. After completing the investigation, charge-sheet (Ext. ka-12) against all the accused appellants was
filed. Concerned Magistrate took the cognizance. Supplied copy of the police papers under Section
207 Cr.P.C. to the accused appellants. The case being exclusively triable by the session’s court was
committed to the Court of sessions.

11. Accused/appellants appeared and charge under Sections 498-A, 304-B, IPC and ¾ Dowry Prohibition

Act was framed. All the accused have denied the charges framed against them and claimed their trial.

12. Trial proceeded, and on behalf of prosecution, eight witnesses were examined. PW-1, Ram Bahadur,
PW-2 Ram Sewak, PW-3 Dr. C.B. Chaurasia, PW-4 Constable Roshan Lal, PW-5 Janki Prasad, PW-6 Sub-
Inspector Phool Singh, PW-7 Munnu Lal Verma, Circle Officer and PW-8 Bal Govind, Circle Officer.

13. After closure of the prosecution evidence, statement of the accused appellants under Section
313 Cr.P.C. was recorded.

14. Accused persons in their statements under Section 313 Cr.P.C. admitted the marriage of deceased
Nanhi @ Sumitra with accused appellant Rajiv but denied the entire allegations levelled by the
prosecution and stated that they have been falsely implicated.
15. Having heard the learned counsel for the parties and going through the record, the trial court has
found that the prosecution has fully succeeded in bringing home the charges against the accused
appellants beyond reasonable doubt and convicted and sentenced the accused appellants, hence this
appeal.

16. I have heard Shri B.D. Sharma, learned counsel for the appellants in this appeal as well as in the
connected criminal appeals and Shri Rajiv Patel, learned AGA for the State at length, and perused the
entire record carefully.

17. Castigating the impugned judgement and order, learned counsel for the appellant has submitted that
appellants Kalicharan, Poonam and Chala @ Chanchala were living separately. There was sufficient
evidence to establish this fact but the trial court wrongly appreciated the fact and rejected the plea of the
appellants. There are general allegations. Prosecution could not prove the nexus between cause of death
and the demand of additional dowry. If the case of the prosecution as a whole is taken into consideration,
then also the role regarding demand of additional dowry, causing cruelty and harassment is attracted only
against the accused appellant Rajiv, who is the husband of the deceased. The findings of the trial court
are based on surmises and conjectures. Reference at this stage was made by the learned counsel for the
appellants to the statement of PW-1. It was further submitted that accused appellant Rajiv is in jail in this
matter for more than seven years out of the maximum sentence of ten years imposed upon him by the
trial court. A girl born from the wedlock of the deceased and the accused appellant Rajiv is alive and none
is to look-after her. Hence, a lenient view in the matter be taken.

18. Per contra, the learned AGA appearing for the State has submitted that ante-mortem injuries have
been found on the body of the deceased. Prosecution witnesses have proved the essential ingredients to
constitute the offence under Section 304-B IPC. Death of the deceased was otherwise than under normal
circumstance. There is no evidence on record to establish the separate living of the appellants Kalicharan,
Poonam and Chala @ Chanchala. The findings of the trial court are based on the evidence available on
record. There is no illegality, infirmity or perversity in the said findings warranting interference by this
Court. Since the trial court has taken a lenient view on the point of imposing sentence upon the accused
appellants, the findings of the trial court on this point need no interference.

19. I have considered the submissions made by the learned counsel for the parties and have carefully
gone through the entire record and evidence.

20. Prosecution case is that deceased was married with the appellant Rajiv according to Hindu rites and
rituals in the year 2003. In the FIR, allegation regarding demand of additional dowry is that in-laws of the
deceased were demanding a motorcycle and Rs. 80,000/- cash for opening a shop. Therefore, due to non-
fulfilment of said demands, the appellants have committed the present offence. It is also the case of the
prosecution that informant and other family members tried to sort-out the matter but accused appellants
were adamant to the additional dowry. Medical evidence discloses that there was one ligature mark on
the neck of the deceased. One abraded contusion on the right side of the neck, one abraded contusion on
the back of right shoulder, abraded contusion on the left side under the waist and contusion on the left
thigh and right shoulder.

21. Cause of death is shown asphyxia due to ante-mortem strangulation. Deceased died in the house of
appellants.

22. The finding of the trial court is that all the essential ingredients for drawing presumption
under Section 113B Evidence Act were proved by the prosecution. The trial court has acquitted appellant
Chala @ Chanchala for the offence under Section 304-B IPC but has convicted and sentenced her for the
offence under Section 498-A and Section 4 of the Dowry Prohibition Act. Other accused appellants have
been convicted and sentenced for the offence under Sections 304-B IPC, 498-A IPC and Section 4 of the
Dowry Prohibition Act.

23. Now the question is as to whether from the evidence available on record against the accused
appellants regarding demand of additional dowry, case under Section 4 of the Dowry Prohibition
Act, Sections 498-A IPC and 304-B IPC is made out.

24. From a perusal of the FIR, it is evident that only allegation is that in the marriage of the deceased, the
informant had given dowry as per his capacity but the in-laws of the deceased were not satisfied with the
same and were demanding additional dowry in the form of a motorcycle and Rs. 80,000/- to open shop.
PW-1 Ram Bahadur, who is the informant as well as the father of the deceased has stated that accused
appellants were not happy with the dowry given at the time of marriage and were demanding a
motorcycle and Rs. 80,000/- as has been mentioned in the FIR. PW-2 Ram Sewak, who is the son of the
informant and brother of the deceased, has stated similar facts. PW-1 and PW-2 are the witnesses of
demand of additional dowry made by the accused appellants and cruelty, harassment, etc. given to the
deceased. Section 3 of the Dowry Prohibition Act provides for penalty for giving or taking dowry
and Section 4 of the Dowry Prohibition Act provides for penalty for demanding dowry.

25. If the provisions enumerated in Sections 3 and 4 of the Dowry Prohibition Act, are taken into
consideration in context with the present matter, it is evident that the prosecution could not make it clear
what sort of demand was made before the date of marriage. Prosecution could also not prove that there
was any agreement between the parties to pay certain amounts in the form of dowry. Certainly, the
demand said to have been made by the accused appellants was made after the marriage. Prosecution was
also not able to connect the additional demand of dowry with the accused appellants Kalicharan, Poonam
and Chala @ Chanchala. If any shop was to be opened on the strength of Rs. 80,000/-, it could be
attributed to the appellant Rajiv, who is the husband of the deceased, who could take direct benefit with
the demand of the said dowry. Similarly, from the demand of motorcycle also, accused appellant Rajiv
was beneficiary. It is out of imagination that how Chala @ Chanchala, the nanad of the deceased, who
had to go her in-laws house, would be benefited with the said demand of dowry. Similarly, Kalicharan and
Poonam, father-in-law and mother-in-law of the deceased, could not be benefited with the demand of
motorcycle and Rs. 80,000/-. If for the sake of argument, any demand of additional dowry was made after
the marriage, the same could be attributed only to the accused appellant Rajiv. It is well settled legal
proposition that proximate live link between the effect of cruelty based on dowry demand and the
consequential death is required to be proved by the prosecution. The demand of dowry, cruelty or
harassment based upon such demand and the cause of death should not be too remote which, under the
circumstances, be treated as having not linked with the appellants. Thus, there must be a nexus between
the demand of dowry, cruelty or harassment, based upon such demand and the cause of the death.

26. In the present matter from the close analysis of the entire prosecution evidence, nexus or proximity of
the demand and cruelty is not connected with the death of the deceased against the appellants
Kalicharan, Poonam and Chala @ Chanchala. There is only general allegation. Further, presumption taking
recourse of the provisions of Section 113-B of the Evidence Act could only be drawn if all the essential
ingredients, as required under Section 304-B IPC are established by the prosecution.

27. Section 113-B of the Evidence Act, 1872 states that when the question is whether a person has
committed the dowry death of a woman, and it is shown that soon before her death such woman has
been subjected by such person to cruelty or harassment for, or in connection with, any demand for
dowry, the court shall presume that such person had caused the dowry death. Section 304B of the IPC
states that where the death of a woman is caused by any burns or bodily injury or occurs otherwise than
under normal circumstances within seven years of her marriage and it is shown that soon before her
death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in
connection with, any demand for dowry, such death shall be called 'dowry death', and such husband or
relative shall be deemed to have caused her death.

28. Thus, the words 'soon before' appear in Section 113B of the Evidence Act, 1872 and also in Section
304B of the IPC. For the presumptions contemplated under these Sections to spring into action, it is
necessary to show that the cruelty or harassment was caused soon before the death. The interpretation
of the words 'soon before' is, therefore, important. This would obviously depend on the facts and
circumstances of each case. The cruelty or harassment differs from case to case. It relates to the mind-set
of the people which varies from person to person. Cruelty can be mental or it can be physical. Mental
cruelty is also of different shades. It can be verbal or emotional like insulting or ridiculing or humiliating a
woman. It can be giving threats of injury to her or her near and dear ones. It can be depriving her of
economic resources or essential amenities of life. It can be putting restraints on her movements. It can be
not allowing her to talk to the outside world. The list is illustrative and not exhaustive. Physical cruelty
could be actual beating or causing pain and harm to the person of a woman. Every such instance of
cruelty and related harassment has a different impact on the mind of a woman. Some instances may be
so grave as to have a lasting impact on a woman. Some instances which degrade her dignity may remain
etched in her memory for a long time. Therefore, 'soon before' is a relative term. In matters of emotions,
it is not possible to detail a fixed formula. The time-lag may differ from case to case. This must be kept in
mind while examining each case of dowry death.

29. In this connection I may refer to the judgement of the Apex Court in the case of Sultan Singh Versus
State of Haryana (2014) 14 Supreme Court Cases 664, relevant paras of which are quoted below:

7. We may also note that the presumption under Section 113B of the Indian Evidence Act has been
enacted to check the menace of the dowry deaths and in appreciating the evidence, the social
background of the legislation cannot be ignored. In Pawan Kumar vs. State of Haryana, it was observed:

8. It is true, as argued by learned counsel for the appellants, that in criminal jurisprudence benefit of
doubt is extendable to the accused. But that benefit of doubt would arise in the context of the application
of penal law, and in the facts and circumstances of a case. The concept of benefit of doubt has an
important role to play but within the confines of the stringency of laws. Since the cause of death of a
married woman was to occur not in normal circumstances but as a "dowry death", for which the evidence
was not so easily available, as it is mostly confined within the four walls of a house, namely the husband's
house, where all likely accused reside. Hence the aforesaid amendments brought in the concept of
deemed "dowry death" by the husband or the relatives, as the case may be. This deeming clause has a
role to play and cannot be taken lightly and ignored to shield an accused, otherwise the very purpose of
the amendment will be lost. Of course, the prosecution has to prove the ultimate essential ingredients
beyond all reasonable doubt after raising the initial presumption of "deemed dowry death".

9. Explanation to Section 304-B refers to dowry "as having the same meaning as in Section 2 of the 1961
Act", the question is: what is the periphery of the dowry as defined therein? The argument is, there has to
be an agreement at the time of the marriage in view of the words "agreed to be given" occurring therein,
and in the absence of any such evidence it would not constitute to be a dowry. It is noticeable, as this
definition by amendment includes not only the period before and at the marriage but also the period
subsequent to the marriage.
Judgement of the case:

 Learned counsel for the appellants has also not disputed the date of marriage, cause of death,
cruelty and harassment subjected to the deceased. Death of the deceased is not natural one. It
occurred otherwise than under normal circumstance within seven years of the marriage.
Therefore, the findings recorded by the trial Court in the impugned judgment and order holding
guilty to the accused appellant Rajiv for committing offence under Section 498A IPC, 304-
B IPC and Section 4 of the Dowry Prohibition Act are correct and do not require interference by
this Court.
 In conclusion, we are satisfied that in the facts and circumstances of the case, the appellant was
rightly convicted under Section 304-B I. P. C. However, his sentence of life imprisonment imposed
by the Courts below appears to us to be excessive. The appellant is a young man and has already
undergone 6 years of imprisonment after being convicted by the Additional Sessions Judge and
the High Court. We are of the view, in the facts and circumstances of the case, that a sentence of
10 years' rigorous imprisonment would meet the ends of justice. We accordingly, while confirming
the conviction of the appellant under Section 304-B, I. P. C., reduce the sentence of imprisonment
for life to 10 years' rigorous imprisonment. The other conviction and sentence passed against the
appellant are confirmed."
 Minimum sentence provided under Section 304-B IPC is of seven years. The trial court vide
impugned judgment and order has imposed ten years sentence upon the appellant Rajiv.
 Applying the principle laid down by the Apex Court in the aforesaid judgements and having regard
to the totality of the facts and circumstances of the case particularly the fact that the accused
appellant Rajiv has served-out substantial portion (about seven years) of the sentence imposed
upon him, I am of the considered view that the ends of justice would meet if the sentence of the
appellant Rajiv awarded to him under Section 304-B IPC is reduced / modified to the
imprisonment of eight years.
 In the light of foregoing discussions, Criminal Appeal No. 3858 of 2011 and Criminal Appeal No.
4342 of 2011 are liable to be allowed. Conviction and sentence imposed upon the accused
appellants Kalicharan, Poonam for the offence punishable under Section 304-B IPC and accused
appellants Kalicharan, Poonam and Chala @ Chanchala for the offence punishable under Section
498-A IPC and for the offence punishable under Section 4 of the Dowry Prohibition Act are liable
to be set-aside.
 Further, Criminal Appeal No. 4479 of 2011 is liable to be allowed in part and the conviction of the
appellant, namely, Rajiv under Sections 304-B IPC, 498-A IPC and Section 4 Dowry Prohibition Act
 is liable to be upheld. The impugned judgment and order dated 18.6.2011 is liable to be modified
to the extent as discussed above.
 Accordingly, criminal appeal no. 3858 of 2011 and Criminal Appeal No. 4342 of 2011 are allowed
and the conviction and sentence imposed upon the accused appellants Kalicharan, Poonam for the
offence punishable under Section 304-B IPC and accused appellants Kalicharan, Poonam and Chala
@ Chanchala for the offence punishable under Section 498-A IPC and for the offence punishable
under Section 4 of the Dowry Prohibition Act are set-aside as these accused appellants are found
not guilty for the aforesaid offences. They are acquitted of all the charges framed against them.
They are on bail. They need not surrender. Their bail bonds are cancelled and sureties are
discharged.
 Further, criminal appeal no. 4479 of 2011 is allowed in part and the conviction of the appellant,
namely, Rajiv under Sections 304-B IPC, 498-A IPC and Section 4 Dowry Prohibition Act is upheld.
The sentence of ten years rigorous imprisonment awarded to the appellant Rajiv for his conviction
under Sections 304-B IPC is altered and reduced to the imprisonment of eight years. Punishment
imposed against the accused appellant Rajiv for the offence under Sections 498-A IPC and Section
4 of the Dowry Prohibition Act is not interfered with.