Indian-Origin Couple Penalised for Enslaving Domestic Worker in Australia: A Legal Analysis

Background of the Case

In a shocking case of modern-day slavery, an Indian-origin couple — Kandasamy Kannan (61) and Kumuthini Kannan (58) — has been ordered by an Australian court to forfeit the proceeds from the sale of their home and pay AUD 140,000 in combined penalties to the state.

This fresh penalty comes in addition to their 2021 conviction for enslaving a woman from India for eight years. The case has drawn widespread attention for highlighting ongoing concerns about human trafficking, domestic servitude, and migrant worker exploitation under the guise of informal employment.

Case History: Eight Years of Exploitation

According to the Australian Federal Police (AFP), the couple enslaved a woman who had entered Australia in 2007 on a one-month tourist visa. The victim, a domestic worker from Tamil Nadu, was promised a better life but instead endured eight years of severe physical and emotional abuse.

Upon arrival in Melbourne, the couple took the woman’s passport and forced her to perform domestic chores and childcare duties in their Mount Waverley home without any payment or freedom of movement.

In July 2015, emergency medical personnel found the victim lying in a pool of urine, severely malnourished and suffering from untreated diabetes, hypothermia, and urinary sepsis. Her health condition exposed years of neglect and mistreatment.

Forfeiture of Assets and Financial Penalty

Following the conviction, AFP’s Criminal Assets Confiscation Taskforce (CACT) restrained the couple’s property in Mount Waverley. The house, valued at AUD 1.4 million, was sold in 2016, and after deducting mortgage and expenses, the couple’s equity — approximately AUD 475,000 — was frozen.

In 2023, the victim received an ex gratia payment of AUD 485,000 as compensation for her suffering. Recently, the court imposed additional pecuniary penalties: AUD 100,000 on Kumuthini and AUD 40,000 on Kandasamy, reflecting the financial benefits derived from the crime.

Investigation and Legal Proceedings

The case was first reported after Victoria Police received conflicting statements from the couple regarding the victim’s identity and residence. The Australian Federal Police Human Trafficking Team initiated a detailed investigation, leading to the couple’s arrest in 2016 and subsequent conviction in 2021.

During the trial, the victim testified about enduring verbal and physical abuse, being confined to the house, and having her communication with her family strictly monitored. She repeatedly requested to return to India but was denied.

The case stands as one of the most prolonged instances of domestic servitude ever prosecuted under Australian law.

Relevant Statutes and Legal Provisions

Australian Legal Framework

  1. Criminal Code Act 1995 (Cth) — Division 270 (Slavery and Servitude)

    • Section 270.3(1)(a) defines slavery as the condition of a person over whom any or all powers attaching to the right of ownership are exercised.

    • Section 270.3(1)(c) criminalises servitude, where a person provides services under coercion and is not free to leave.

    • The Kannans were charged under Division 270.3(1)(a) for intentionally possessing and exercising ownership-like control over another person.

  2. Proceeds of Crime Act 2002 (Cth)

    • Enables confiscation of assets derived from criminal activity.

    • Used by the Criminal Assets Confiscation Taskforce (CACT) to restrain and forfeit the couple’s property.

  3. Migration Act 1958 (Cth)

    • Addresses visa misuse and the exploitation of non-citizens.

    • Provides for offences related to coercing or deceiving visa holders into forced labour or slavery-like conditions.

International Legal Instruments

  1. UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol, 2000)

    • Ratified by Australia in 2005, obligating it to criminalise all forms of human trafficking and provide protection and compensation for victims.

  2. ILO Convention No. 29 on Forced Labour (1930) and ILO Convention No. 105 (1957)

    • Both establish the global prohibition of forced labour and human servitude, which Australia has ratified and integrated into domestic law.

Comparative and Judicial Precedents

  1. R v Tang (2008) 237 CLR 1 (High Court of Australia)

    • The landmark case defining the modern interpretation of slavery under Australian law.

    • The accused was convicted of enslaving Thai women in a Melbourne brothel.

    • The High Court upheld the conviction, confirming that even “consensual” servitude under deception constitutes slavery.

  2. Queen v Wei Tang (2005) VSC 27

    • The Victorian Supreme Court found Wei Tang guilty of possessing and using slaves, reinforcing the interpretation that ownership-like control can amount to enslavement even without physical restraint.

These precedents paved the way for successful prosecution of the Kannan couple.

Constitutional and Human Rights Dimensions

Under the Australian Constitution, there is no explicit right against slavery; however, Australia is bound by international human rights treaties, including:

  • International Covenant on Civil and Political Rights (ICCPR), Article 8, which prohibits slavery and forced labour.

  • The Charter of Human Rights and Responsibilities Act 2006 (Victoria), Section 11, which guarantees freedom from forced labour and servitude.

These provisions, though indirect, provide a constitutional and moral foundation for prosecuting slavery-like offences.

Impact and Broader Implications

This case underscores the hidden nature of modern slavery, even in developed nations. It highlights the intersection of immigration, human rights, and criminal law, showing how vulnerabilities of migrant workers can be exploited through coercion and deception.

It also serves as a reminder for policymakers and enforcement agencies to strengthen monitoring mechanisms for domestic work and ensure effective victim protection frameworks.

Conclusion

The conviction and fresh penalty against Kandasamy and Kumuthini Kannan mark a landmark moment in Australia’s fight against human trafficking and servitude.

By enforcing asset forfeiture and financial penalties, the Australian judicial system reaffirmed that modern slavery has no place in a civilized society, and perpetrators — regardless of origin or status — will face the full force of law.

The case also calls for greater international cooperation in combating human trafficking, ensuring migrant workers’ rights, and upholding the dignity and freedom of every human being.


Location: Pune, Maharashtra, India

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