Bengaluru, Apr 22: Denying anticipatory bail to two Bengaluru-based businessmen who had employed minor boys from Bihar at their factory in the City, the High Court has recently observed that such action amounted to child trafficking.
The accused, Mohammed Ashraf Ali and Shamim Akhtar, had moved the High Court seeking anticipatory bail after a trial court dismissed their petition.
Among them were two boys aged below 12 and the rest were under 17. Seven of them were brought from Bihar and two from Nepal.
Ali and Akhtar were absconding fearing arrest, as they were booked under Section 370 (buying or disposing of any person as a slave) and 370A of the Indian Penal Code (IPC).
After the trial court dismissed their petitions, they moved the High Court.
The counsel for the petitioners submitted that the section under which the accused were booked was not applicable to them, as it dealt with slavery and buying of persons as slaves. He submitted that only the Child Labour Act applied to them.
Mentioning that the firm owned by the duo was a leather industry, he said production of leather bags was not a hazardous occupation under the Child Labour Act, and therefore, engaging children above 14 years was not a punishable offence.
However, the prosecution said the recently amended Section 370 suggested rigorous imprisonment up to 10 years for such activities, and sought the dismissal of the duo’s bail plea.
Stating that the custodial interrogation of the accused was necessary to unearth the details regarding trafficking, the prosecution said there was a prima facie case against the accused and pointed out that the children were housed and made to work in unhygienic conditions.
He said the children, in their statements to the police, had stated that they were made to work for 14 hours a day and were paid Rs 2,000 per month, while they promised good salary at the time of their joining the factory.
Stating that the application of Section 370 of the IPC was immaterial for human trafficking of any age, the bench observes in its order. On plain reading, Section 370, which has come into effect on 3, February, 2013, vide Act 13 of 2013, the age of any trafficked person is immaterial.”
Further observing that the quantum of punishment increased if the person trafficked was a minor, the court dismissed the petition.
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