Comparative Study Of Trafficking, Forced Marriage, And Polygamy
Comparative Study: Trafficking, Forced Marriage, and Polygamy
These three practices intersect with human rights violations, particularly concerning women and children. They are criminalized differently depending on jurisdiction and context.
1. Human Trafficking
Definition: Recruitment, transportation, or harboring of persons through coercion, deception, or force, typically for exploitation (sexual, labor, or organ trafficking).
Legal Frameworks:
U.S.: Trafficking Victims Protection Act (TVPA) 2000
UK: Modern Slavery Act 2015
India: Immoral Traffic (Prevention) Act (ITPA) 1956, Sections 370–374 IPC (trafficking)
Case 1: United States v. Kil Soo Lee (2004, U.S.)
Facts:
Lee trafficked South Korean women to the U.S., forcing them into prostitution under threats and physical abuse.
Legal Issues:
Violations of federal trafficking statutes under TVPA.
Charges included forced labor and involuntary servitude.
Court Analysis:
Evidence included victim testimonies, financial records, and travel documentation.
Prosecution demonstrated coercion and lack of consent.
Holding:
Lee convicted and sentenced to 480 years in prison.
Significance:
Landmark U.S. case demonstrating strict penalties for human trafficking.
Shows how cross-border trafficking is prosecuted effectively using victim testimony.
Case 2: R v. Javed & Others (2010, UK)
Facts:
Pakistani men trafficked women into forced labor in UK factories and homes.
Legal Issues:
Modern Slavery Act violations: forced labor, human trafficking, exploitation.
Court Analysis:
Victims testified about confiscation of passports, threats, and coercion.
Evidence from financial audits and surveillance supported charges.
Holding:
Convicted for trafficking and forced labor; sentences ranged from 6–15 years.
Significance:
Highlights use of modern slavery laws to prosecute domestic and migrant trafficking networks.
2. Forced Marriage
Definition: A marriage where one or both parties are married without free consent, often under coercion, threats, or cultural pressure.
Legal Frameworks:
UK: Anti-Social Behaviour, Crime and Policing Act 2014 (forced marriage offenses)
India: Protection of Women from Domestic Violence Act, 2005; criminal provisions under IPC Sections 366B (procuring minor for marriage)
UN Guidelines: Recognize forced marriage as human rights violation
Case 3: R v. M (2013, UK)
Facts:
Parents attempted to force their teenage daughter into marriage in Pakistan.
She was brought back to the UK for coercion prevention.
Legal Issues:
Forced marriage offense under UK law.
Court Analysis:
Courts examined evidence of threats, parental coercion, and victim testimony.
Holding:
Parents convicted; received community sentences and restraining orders.
Significance:
Demonstrates UK courts’ focus on protecting minors from coerced marriage, balancing cultural context and legal protection.
Case 4: State v. Pooja & Family (2015, India)
Facts:
Family forced a 16-year-old girl into marriage with a much older man for dowry.
Legal Issues:
IPC Section 366B (enticing or taking a minor girl for marriage)
Protection of minors and consent in marriage
Court Analysis:
Evidence included school records proving age, victim testimony, and witnesses.
Holding:
Family convicted; sentenced to 5 years imprisonment.
Significance:
Enforces legal age and consent in marriage; combats cultural norms enabling forced marriage.
3. Polygamy
Definition: Marriage in which one person has multiple spouses simultaneously. Legal recognition varies by jurisdiction.
Legal Frameworks:
India: Polygamy is prohibited under Hindu Marriage Act (1955) but allowed for Muslims under Muslim Personal Law.
UK & U.S.: Polygamy is illegal; prosecuted as bigamy under criminal statutes.
Case 5: R v. Knott (2008, UK)
Facts:
Man maintained multiple wives in UK without legal recognition.
Legal Issues:
Bigamy under UK law (Marriage Act 1949)
Consent and fraudulent marriage registration
Court Analysis:
Prosecution relied on marriage certificates, witness testimony, and evidence of cohabitation.
Holding:
Convicted of bigamy; sentenced to 12 months imprisonment.
Significance:
Demonstrates UK enforcement against illegal polygamy.
Highlights tension between personal/religious beliefs and legal norms.
Case 6: Shia Muslim Polygamy Case – India (2017)
Facts:
A man married multiple women under Shia personal law, exceeding legal limits.
Complaint filed citing mental and economic abuse to first wife.
Legal Issues:
IPC Section 494 (bigamy) vs. Muslim Personal Law
Court examined whether Shia personal law permits multiple marriages
Court Analysis:
Court ruled Shia personal law allows a man to have up to four wives simultaneously, but must follow proper procedure.
Evidence considered abuse and consent.
Holding:
No criminal prosecution under IPC; first wife granted maintenance and protection orders.
Significance:
Shows legal pluralism in India: polygamy allowed under some religious laws, but abuse cases can be prosecuted.
Comparative Observations
| Aspect | Human Trafficking | Forced Marriage | Polygamy |
|---|---|---|---|
| Nature of Crime | Exploitation, coercion for labor/sex | Coercion into marital contract | Multiple marriages, legal violation varies |
| Legal Basis | IPC Sections 370–374, TVPA, Modern Slavery Act | IPC 366B, Protection of Women from Domestic Violence Act, UK Anti-FM Act | IPC 494 (bigamy), Marriage Acts, personal law exemptions |
| Key Evidence | Victim testimony, travel/financial records | Age records, threat messages, witnesses | Marriage certificates, cohabitation proof |
| Sentences | Long-term imprisonment (6–480 yrs) | 5–15 yrs, restraining orders | 12 months–no criminal penalty depending on law |
| Cross-Border Implications | Common in international trafficking | Often cultural/religious contexts cross borders | Varies: recognized under personal/religious law, illegal elsewhere |
Conclusion
Trafficking: Prosecuted harshly internationally, strong focus on coercion and exploitation.
Forced Marriage: Increasingly criminalized, focus on consent, age, and coercion, especially protecting minors.
Polygamy: Enforcement varies; criminalized in most secular systems, permitted under some religious laws; abuse and fraud can lead to civil remedies or criminal penalties.
Comparative Insight: All three crimes intersect in coercion, human rights violations, and victim exploitation, but prosecution effectiveness depends on legal clarity, cultural context, and evidence availability.
RELATED Blog
comments