Trafficking in Persons (Prevention, Care and Rehabilitation) Bill

In Context 

• Recently, Activists pressed for the passage of the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill.

Background

• The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 was passed by Lok Sabha but could not be taken up in Rajya Sabha and subsequently lapsed. 
• Draft of The Trafficking in Persons (Prevention, Care and Rehabilitation) Bill 2021 was published by the Ministry of Women and Child Development in June 2021.  

Major Provisions of Bill 

• Coverage:
  • The law will apply to all citizens of India, within and outside the country, persons on any ship or aircraft registered in India wherever it may be or carrying Indian citizens wherever they may be, and a foreign national or a stateless person who has residence in India.
• Cross-border implications:
  • It also says the law “shall apply to every offence of trafficking in persons with cross-border implications”.
• Widens the definition:
  • The draft bill also widens the definition of the “victim” by including transgenders, besides women and children.
• National Anti Trafficking Committee:
  • Once the bill becomes an Act, the central government will notify and set up a National Anti Trafficking Committee, while state governments will set up these committees at state and district levels to ensure effective implementation.
• Punishment: 
  • Penalty will hold a minimum of seven years which can go up to an imprisonment of 10 years and a fine of Rs 5 lakh.
  • In most cases of child trafficking, especially in the case of the trafficking of more than one child, the penalty is now life imprisonment.
  • When a person is convicted of an offence under this section against a child of less than twelve years of age, or against a woman for the purpose of repeated rape, the person shall be punished with rigorous imprisonment for twenty years, but which may extend to life, or in case of second or subsequent conviction with death, and with fine which may extend up to thirty lakh rupees.

Objectives and Need 

• It aims to prevent and counter trafficking in persons, especially women and children, to provide for care, protection, and rehabilitation to the victims, while respecting their rights, and creating a supportive legal, economic and social environment for them and also to ensure prosecution of offenders, and for matters connected therewith or incidental thereto.
• It would help survivors of different kinds of trafficking in terms of investigation of their cases, the functioning of AHTUs ( Anti-Human Trafficking Units), inter-State investigations and their rehabilitation.

Criticism

• The bill lends to confusion. “There are laws already in place on ‘forced labour’ and ‘sexual exploitation’. There is now a lot of overlapping.
•  The law does not clarify which law is to apply. There should have been one comprehensive code, repealing all previous laws.
• It does not extend the relief beyond shelter homes. 
• Rehabilitation is a fundamental right, but there is no clarity in the Bill on any funds that will be allotted, which is crucial. 

Conclusion and Way Forward 

• India to strengthen its battle against human trafficking, certain critical shifts are a must in its anti-trafficking laws and policies –
  • Investigation of human trafficking must be mandated to specialized agencies with the requisite training, tools, resources, and funding to be able to conduct an interstate and cross-border investigation and collect evidence using necessary technological support.
  • Rescue protocols must be well defined to ensure victim-friendly exit processes.
  • Provisions for implementing intelligence gathering mechanisms for prevention and rescues must be clearly articulated in the law.
  • Rehabilitation must go beyond the institutionalised, one-size-fit-all service providing model, and ensure community-based rehabilitation and reintegration for all survivors in order to strengthen their resilience and agency – not only to prevent further exploitation and trafficking but also to enable their meaningful participation in the justice system and processes.
  • Adequate funds and robust monitoring systems must be mandated by the law in order to empower the implementing bodies in breaking the organised crime and business of trafficking.

• The passing of the Bill should be followed by proper research and a study to understand the domestic and global situation, with reference to cause and effect, dimensions beyond the conventional definition, the vulnerability and attempts to alleviate it, the methods used by a trafficker to sustain captivity and role of stakeholders in prevention, protection, and prosecution, and other issues.
• The rehabilitation of survivors should be community-based so that they can avail facilities of healthcare, education, food security and impart necessary skills, setting up self-help groups in their own surroundings instead of shelter homes. 

Source:TH