The Ministry of Women and Child Development has recently released a new draft anti-trafficking Bill, the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021. It has taken center stage in the news because it requires approval from the Cabinet and both houses of Parliament to become law. The bill lingers from a previous attempt in 2018 that faced stiff opposition from Parliamentarians and experts, causing it not to be introduced in the Rajya Sabha.
Criticism of the Previous Draft
The United Nations’ human rights experts criticised the previous bill, claiming it did not comply with international human rights laws. Key criticisms included the lumping of sex work and migration with trafficking, the focus on criminal punishment over human rights and victim support, and the promotion of “rescue raids” and institutionalisation in the name of rehabilitation. Experts also pointed out vague provisions that could lead to unjust criminalisation.
Provisions of the New Draft
The newly proposed bill extends to all Indian citizens, inside and outside India, making it particularly applicable to persons aboard Indian-registered ships or aircraft, foreign nationals residing in India at the time of offence, and offences with cross-border implications. The bill broadens its coverage beyond just women and children, including transgenders and other potential trafficking victims.
Victim Definition and Exploitation
The proposed bill eliminates the requirement for a victim to be transported from one place to another for them to be defined as such. It provides clear definitions of ‘exploitation’, including but not limited to sexual exploitation, prostitution, forced labour, slavery, servitude, organ removal, and involvement in illegal drug trials or biomedical research.
Offenders and Penalties
The new draft includes defence personnel, government servants, doctors, paramedical staff and people in positions of authority as potential offenders. It also suggests severe penalties, with most offences punishable by seven to ten years imprisonment and a Rs 5 lakh fine. In cases involving multiple children, the penalty could be lifelong imprisonment.
Similarities to Money Laundering Act and Investigation Agency
The bill introduces provisions similar to the Money Laundering Act whereby property purchased with income from trafficking or used for trafficking can be confiscated. The National Investigation Agency (NIA) will act as the national coordinating and investigating agency responsible for preventing and combating human trafficking.
National Anti-Human Trafficking Committee
The draft bill proposes establishing a National Anti-Human Trafficking Committee to oversee the law’s implementation. This committee will include representatives from various ministries and will have a similar structure at the state and district levels.
Significance of the New Bill
The proposed law recognises the scope and complexity of human trafficking, including forced labour and organ harvesting. It also acknowledges cases where individuals are lured with job prospects and end up enslaved in foreign countries without legal documentation.
Existing Anti-Trafficking Legislations in India
In addition to the proposed law, there are several existing legislations that prohibit human trafficking in India. These include Article 23 (1) of the Constitution, the Immoral Traffic (Prevention) Act, 1956, the Bonded Labour System (Abolition) Act 1976, Child Labour (Prohibition and Abolition) Act 1986, and sections of the Indian Penal Code amongst others.
International Conventions, Protocols and Campaigns
At the global level, a series of conventions, protocols and campaigns aim to combat human trafficking. These include the Protocol to Prevent, Suppress and Punish Trafficking in Persons (2000), the Protocol against the Smuggling of Migrants by Land, Sea and Air (2004) and other initiatives led by the United Nations Office on Drugs and Crime.
Global Anti-Trafficking Efforts
Internationally, efforts to end human trafficking are incorporated into various Sustainable Development Goals (SDGs). These goals aim to eliminate the root causes of trafficking such as gender inequality (Goal 5), lack of sustainable economic growth and decent work (Goal 8), and failure to promote peaceful and inclusive societies (Goal 16).