[1] Allain, Jean, The Legal understanding of Slavery from the Historical to the Contemporary, (Oxford Univerisity Press), P.171 (2012)
[2] https://www.antislavery.org/slavery-today/modern-slavery/ (Accessed on 15th December, 2022)
[3] Mark.D.Welton J.D, “International law and slavery”, Military Review, Jan-Feb 2008
[4] https://www.nytimes.com/interactive/2019/08/19/magazine/history-slavery-smithsonian.html (Accessed on 15th December, 2022)
[5] Mesopotamian: The Code of Hammurubi (Archieved from the orginal on 14 may 2011)
[6] G. W. Paton, a textbook of Jurisprudence , P.101 (1972)
[7] Later the ideas of Christianity also encouraged the practice of greater humanitariasm. Dig I 5.4.
[8] Fritz Schulz, Principles of Roman Law M. Wolff (oxford, 1936) P. 220.
[9] W.W. Buck Land, The Roman Law of Slavery p.37; (Cambridge, Eng, 1908)
[10] E. Bodenheimer, Jurisprudence P. 15-20 (1940).
[11] Exodus 21:2 deuteronomy 15:12 owning societies
[12] It was summed up in the great Pandects of Justinian of 533CE
[13] (20 North Carolina 500 1839)
[14] 565 US 400 (2012)
[15] The History of slavery and slave trade in the British Colonies upto 1838 is described in James Walvin, Slaves and Slavery – The British Colonial Experience (1992).
[16] James Walvin, the Slave Trade (2011) British ended the slave trade in 1807 followed by the Americans in 1808.
[17] (1772) 20 State Tr. 1. See also Chamberline v Harvey (1696) 5 Mod 186
[18] (1917) 1 KB 305
[19] 60 US 353 (18570, Taney, J. The Civil War and Abraham Lincoln’s Emancipation proclamation in 1863 put slavery on the road to extinction in the U.S. The proclamation was confirmed by the Thirteenth Amendment to the Constitution, which put an end to slavery.
[20] The slavery and the states of African Americans were at the heart of the crisis that plunged the US into a Civil War from 1861 to 1865.
[21] Jean Bodin, (1530-96), The French founder of Anti-Slavery Thought.
[22] Declaration by the major European states at the Congress of Vienna (1815) expressing commitment to the abolition of slave trade.
[23] It is the oldest Human Rights NGO in the world and for details see, Daniel Moecklin, Sangeetha shaw & Sandesh Sivakumaran (ed.) International Human Rights Law, P.24 – 25 (2014).
[24] Abolition of International convention on the slavery and the slave Trade of 1926 its origin go back to 1839.
[25] UDHR Art. 4; Art. 8 ICCPR; European Convention on Human Rights Art.4; American Convention on Human Rights, Art. 6; African charter on Human and People’s Rights, Art. 5.
[26] J.S. Martinez, The Slave trade and origins of International Human Rights Law, (Oxford, 2012).
[27] Article 1, 2 and 4 of UDHR. UNESCO states that slavery identified by an element of ownership or control over another’s life, coercion and restriction of movement and the fact that someone is not free to leave.
[28] As per the ILO claims and estimated
[29] Modern slavery, available at https://www.state.gov
[30] The UN protocol of human trafficking in persons, 2003
[31] Pandey Nishanth, “Right against Exploitation under Article 24 of the Indian Constitution”, ISSN 2278-4332, Christ University Law Journal.
[32] AIR 1982 SC 1943. Art.23 prohibits traffic in human being, begar, and other forms of forced labour. Begar is a form of forced labour under which a person is compelled to work without receiving any remuneration. Human trafficking, bonded labour/forced labour and child trafficking are the constitutional crimes prohibited under the Indian Constitution.
[33] Bandhuva Mukthi Morcha v. Union of India, AIR 1984 SC 802
[34] AIR 1984 SC 1099
[35]The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UN Trafficking Protocol), supplementing the United Nations Convention Against Transnational Organized Crime, Nov. 15, 2000, 2237 U.N.T.S. 319, available at http://www.osce.org/odihr/19223 [hereinafter UN Trafficking Protocol].
[36] K.Ramaswamy, J.Gaurav Jain v. UOI, (1997) 8 SCC 114
[37] Section 370, IPC as amended by the Criminal Law (Amendment) Act, 2013 deals with trafficking of persons.
[38] Article 24 of the Indian Constitution
[39] M.C.Mehta v. State of T.N, AIR 1997 SC 699
[40] Bandhu Mukthi Morcha v. UOI (1997) 10 SCC 549
[41] (1982) 3 SCC 235
[42] (1983) 2 SCC 181
[43] AIR 1986 Sc 1873
[44] See Susan C.Mapp, Human Rights and Social Justice in a Global Perspective (2008).
[45] Rafferty, “ The Impact of Trafficking on Children: Psychological and Social Policy Perspectives”, Child Development Perspectives” (2008)
[46] See Art. 34 of the UN Convention on the Rights of the Child, 1989
[47] AIR 1997 SC 3021
[48] Lakshmi Kant Pandey v. UOI, AIR 1984 SC 469, involved allegation that Indian children of tender age were under the guise of adoption exposed to the long horrendous as journey to distant foreign countries at great risk to their lives and in the course of time becoming beggars or prostitutes.
[49] Vishal Jeet v. UOI, (1990) 2 SCR 861
[50] AIR1989SC 677
[51] Praful Kumar Sinha v. State of Orissa AIR 1989 SC 1783
[52] Gaurav Jain v. Union of India, AIR 1990 SC 292
[53] (2011) 5 SCC 1.
[54] Article 4(3) of the Second Additional Protocol to Geneva Convention, 1977 on ‘Protection of Victims of Non- International Armed Conflict provides that children below fifteen year shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities. Article 38 of the Convention on the Rights of the Child, 1989 and Article 1 of the Optional Protocol to the Convention on the Rights of the Child, 1989 on the involvement of Children in Armed Conflict, 2000 also forbid recruitment of children in to the army.
[55] Article 14 and 24 of Geneva Convention relative to the protection of civilian persons in Time of War, 1949 deal with protection of displaced children.
[56] Article 77 of the First Additional Protocol to Geneva Convention, 1977
[57] For details, See V.Vijayakumar, “Children in Humanitarian Emergencies and the Guest for Humanitarian Response: A Study”, 54 JILI, (2012) 160 – 195.
[58] A number of studies indicate a large number of recruitment of child soldiers either by the State or non-state actors.
[59] Nandhini Sundar v. State of Chattisgarh, (2011) 13 SCC 46, wherein the Supreme Court said that the State of Chattigarh promoting activists group called “Salwa Judum” to counter insurgency is involved in widespread violation of human rights as unconstitutional.
[60] The UNICEF Report, 2001 has described the negative consequences that child marriage has on girls.
[61] case filed before the Supreme Court of India in April, 2003
[62] Article 21 of the Indian Constitution guarantees right to life and personal liberty.
[63] Article 23 of the Indian Constitution prohibits human trafficking and other forms of forced labour.
[64] Art. 39 of the Indian Constitution directs the State to protect children against exploitation and to provide them with opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity.
[65] Sec. 377 of the IPC deals with unnatural offences.
[66] AIR 2006 SC 1158
[67] Usha Ramanathan,“Organ Trade, Missing Piece in Nithari Puzzle?”,THE HINDU dated on October, 29, 2014 p.11
[68] Moninder Singh Pandher v. State of U.P, CRIMINAL (CAPITAL) APPEAL NO. 1475 OF 2009.
