Trafficking of Persons Bill, 2018

In the last week of February, 2018, the Union Cabinet approved the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 for introduction in the Parliament. This bill seeks to address the issue of human trafficking from three aspects viz. rescue, rehabilitation and prevention.

Background

Trafficking in human beings is the third largest organized crime violating basic human rights. There is no specific law so far to deal with this crime. The reports of the National Crime Records Bureau (NCRB) show that there is an increase in human trafficking by almost 20% in 2016 against the previous year. Hence a new comprehensive law can come handy to deal with the human trafficking in an organized way.

Salient Features of the Bill

• The Bill identifies various forms of trafficking including trafficking for bonded labour and begging. Under the aggravated forms of trafficking the bill also talks about offences like intimidation, inducement, promise of payment of money, deception or coercion. It also mentions trafficking after administering any drug or alcohol or for the purpose of marriage or under the pretext of marriage.
• It provides for punishment for promoting or facilitating trafficking of persons which ranges from rigorous imprisonment of minimum 10 years to life and fine not less than Rs. 1 lakh.
• It aims to protect the confidentiality of the victims.
• It provides for a time bound trial and repatriation of the victims within a period of one year from taking into cognizance.
• It protects the rescued victims and makes provisions for their rehabilitation. The victims are entitled to interim relief immediately within 30 days to address their physical, mental trauma etc. and further appropriate relief within 60 days from the date of filing of charge sheet.
• Creation of the Rehabilitation Fund  for the purpose of physical, psychological and social well-being of the victim including education, skill development, health care/psychological support, legal aid, safe accommodation etc.
• Designated courts in each district for the speedy trial of the cases.
• The Bill provides for institutional mechanisms at District, State and Central Level for prevention, protection, investigation and rehabilitation work related to trafficking.  National Investigation Agency (NIA) will perform the tasks of Anti-Trafficking Bureau at the national level present.
• The Bill provides for the attachment & forfeiture of property and also the proceeds for crime.

Significance of the Bill

The Bill has been described by Union Women and Child Development Minister Maneka Gandhi as one of the ‘best piece of laws on trafficking in the world.’ Some of its advantages are:

• It will address the loopholes in the current anti-trafficking laws. The current laws do not address the issue of running of illegal brothels across main cities in India.
• It will give more power and ammunition to the law enforcement agencies to take action against violators.
• It will address one pressing issue of sex trade that has not been covered under the Immoral Traffic Prevention Act, 1956.
• Stringent punishment of 7 to 10 years for selling of a person, not solely for prostitution will act as a better deterrent.
• Special provisions for rescued adults to request the Magistrates to be sent to protection homes or to native places.

Most importantly, the Bill is drawn in conformity with the International Conventions and Protocols on Trafficking (UNTOC).