The Indian Leadership Forum Against Trafficking (ILFAT) has expressed concerns over the Trafficking in Persons (Prevention, Care and Rehabilitation) draft Bill 2021 to the Ministry of Women and Child Development. The Bill is expected to be presented in the Winter session of Parliament. The organization identifies significant shortcomings in the bill.
The Problems with the Bill
The draft bill offers rehabilitation support to survivors but doesn’t extend its benefits beyond housing facilities. Advocacy groups argue for a community-oriented approach that includes health service, legal aid, access to welfare schemes, and income opportunities. These services are critical to reintegrate survivors into society and their families.
Moreover, the bill conflates trafficking, migration, and sex work, which experts from the United Nations’ human rights perceive as at odds with international human rights laws. There were also criticisms over the bill’s overly criminal approach to addressing trafficking instead of a human-rights-based and victim-centred one. It also encourages “rescue raids” by the police and institutions for victims under the pretense of rehabilitation.
The Provisions of the New Bill
The new bill covers all citizens, both within and outside India. These include people on any ship or aircraft registered in India, foreign nationals or stateless persons residing in India at the time an offence was committed. The law will cover every cross-border trafficking incident. Further, it expands the definition of a victim to include transgenders, and it does not require the victim to have been transported from one place to another.
Defining ‘Exploitation’
The draft legislation includes an expansive definition of ‘exploitation,’ that ranges from sexual exploitation, forced labour, slavery-like practices, and forced removal of organs to illegal clinical drug trials or illegal bio-medical research.
Government Officials as Offenders
The bill also includes defence personnel, government servants, doctors, paramedical staff or anyone in a position of authority as offenders. Penalties range from seven to ten years imprisonment and up to Rs 5 lakh fines for most child trafficking cases.
Provisions Related to Money Laundering Act
The new bill has provisions akin to the money laundering Act, where properties procured via such income or used for trafficking can now be seized.
Involvement of National Investigation Agency (NIA)
The NIA will serve as the national investigating and coordinating agency for preventing and combating human trafficking.
National Anti-Human Trafficking Committee
Upon enactment, the Centre will establish a National Anti-Human Trafficking Committee to ensure efficient implementation of the law. It will consist of representatives from various ministries and will be headed by the home secretary.
Human Trafficking Situation in India
According to the National Crime Records Bureau (NCRB) data, human trafficking cases in India has risen from 5,900 in 2017 to 6,616 in 2019. Disturbingly, children constitute nearly a third of all worldwide trafficking victims. The recently orphaned children due to the Covid-19 pandemic are at an increased risk of trafficking.
Existing Indian Laws Against Human Trafficking
The constitution of India, under Article 23 (1), prohibits human trafficking and forced labour. The Immoral Traffic (Prevention) Act, 1956 penalizes trafficking for commercial sexual exploitation. Other laws prohibiting forced labour include the Bonded Labour System (Abolition) Act 1976, Child Labour (Prohibition and Abolition) Act 1986, and Juvenile Justice Act.
International Conventions and Campaigns on Human Trafficking
Several global conventions, protocols and campaigns like the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Sustainable Development Goals, the Blue Heart Campaign and more have been implemented to combat human trafficking.
Way Forward
The bill should be better aligned with existing provisions of the Juvenile Justice Act and other relevant Acts to avoid confusion for enforcement agencies. Since the effective implementation of the Act is tied to clear and consistent rules, model rules prepared by the Central Government for use by states would be advantageous.
