ANTI TRAFFICKING BILL, 2021

THIS ARTICLE WAS WRITTEN BY SPOORTHY PERAPOGU, A STUDENT OF NALSAR UNIVERSITY OF LAW, HYDERABAD.

INTRODUCTION:

Trafficking in persons (Prevention, care and Rehabilitation) Bill, 2021 was introduced in the monsoon season of the parliament 2021. This was follow up to the lapse of the anti trafficking bill introduced in 2018 passed in Loksabha but was not passed in Rajyasabha. Upon the criticism  the UN contended that bill wasn’t in accordance with international human rights laws and that was in perspective of criminal law instead of through the context of human rights, certain provisions were vague and feedback received by the Ministry of women and child development for the draft bill 2018; the new anti trafficking bill was built in 2021.

There was also Immoral Traffic Prevention Act  (PITA), 1956; the first legislation to prohibit and penalize human trafficking. PITA was signed as pursuance with the International convention against Trafficking signed by India. But the act combines trafficking with prostitution, and penalizes prostitution. After the Bombay High court decision in Kajal Mukesh Singh v State of Maharashtra  that prostitution isn’t a crime the woman has freedom of  right to choose her employment, the legislation has relinquished the provision that penalizes prostitution. There were many criticisms as it was not in accordance with international human rights laws, certain provisions were vague in nature and complaints, requests for the abolition of  this act received by the then government of India. Thus the act was repealed by the government in 2018. Another bill regarding anti trafficking was drafted in 2018 but it wasn’t passed in the upper house.

Thus after two years of efforts of drafting, the bill was placed during the monsoon session of the parliament as a improvised and well developed version based on feedback on the previous anti trafficking bill of 2018 which was passed only in Loksabha. The trafficking in persons Bill, 2021  not only penalizes but also provides for rehabilitation for the victims and protection for the witnesses and it also set up committees for the proper implementation of the legislation under this bill. Thus the country is looking forward for the proper law to combat trafficking and this legislation apparently kept the hopes of the country alive.

WHAT IS TRAFFICKING:

 Trafficking is a type of exploitation and internationally organized crime, Indian laws doesn’t have a specific or absolute definition of the law but IPC defines trafficking as (i) recruitment  (ii) transportation  (iii) harboring  (iv) transfer or (v) receipt of a person for exploitation by use of certain force, abduction, threat, fraud, deception, inducement or abuse of power. People can be trafficked in many ways for many purposes such as labour, begging, sexual exploitation, involving in drugs, marriage, organ removal, slavery, domestic servitude. Human trafficking is one of the three most profitable crimes across the globe. Generally people are targeted on their vulnerabilities, victims who get targeted are the ones in poverty and trying to improve their lives fell in trap of traffickers hopefully to get their lives to a better position.

According to UNICEF report 2019 , one out of 3 victims is a child which is a child trafficking, child are trafficked for exploitation by taking them out of their protective environment and plundering on their vulnerability.

HUMAN TRAFFICKING SITUATION IN INDIA:

Since the beginning of COVID 19 Pandemic, unemployment, poverty and other contributors of vulnerabilities increased. Traffickers has targeted people on these vulnerabilities and especially trafficking for bonded labor has been greater and people has migrated to work during this COVID crisis and became prey for traffickers. In 2019, over 1000 human trafficking cases were reported with more than 3000 victims  in India. State of Maharashtra has been worse in tackling trafficking with 220 human trafficking cases within India. According to trafficking in Persons report 2021, the government of India has not fully meet the required minimum standards to combat the trafficking. And during the COVID 19, trafficking has much more increased cases and India stood among tier 2 nations in combating human trafficking. Though Indian government has tried much to identify victims but their efforts remained inadequate with the proportion of the problem and courts have provided use of video testimony for victims during the pandemic. However there were only fewer convictions and acquittal rate remained high.

FEATURES OF THE NEW BILL:

There are certain new provisions in the bill including formation of anti trafficking committees and bodies at district and state levels. Bill includes pornography and prostitution included in the definitions of exploitation and sexual abuse. Stricter punishments would impose if the victim is a child. The term ‘victim’ includes transgenders and females too under the legislation. Bill also provides for rehabilitation homes for the victims and separate protection homes for transgenders. Women, children, physically disabled persons are given extra protection under the provision of presumption of offenses. The bill applies to every offence of trafficking in person including cross border implications.

 Penalty under this bill includes the offence of trafficking in persons shall be punishable with a term of 10 years which may extend to life imprisonment and may also extend to fine of 10 lakh. In case of second or subsequent conviction, penalty may extend to death sentence or may impose fine up to 30 lakh. If offence is committed against a child who is less than twelve years or a woman for repeated rape may imprisoned for twenty years or may extend to life imprisonment. Money, property acquired by committing trafficking would be seized similar to Money laundering Act . National Investigating Agency would be investigating and coordinating agency under the bill. National Anti Human Committee would be established under the bill for effective implementation of the legislation.

There were many looking forward regarding the bill for the protection of the victims and more criticisms were made on the bill including that the bill doesn’t directly refers to the existing anti trafficking laws but mentions that bill’s statements will override any existing laws should there be any inconsistency. Bill fails to provide the immediate protection for the victim as he/she needs shelter as the per the condition. Bill doesn’t specifies how National Investigating Agency(NIA) gathers information through Anti Human trafficking units (AHTU) at state and district levels and NIA being made as investigation agency would overburden the agency was the criticism and bill also remain silent on many things as it doesn’t makes clarify the position of NIA compared to police officers in case of rescue operations.

CONCLUSION:

  The new law Trafficking in Persons Bill, 2021 though welcomes new provisions but still is deficit in providing certain needs for the victim and has certain ambiguous features.

One of the utmost important arguments is that the bill criminalizes sex work, prostitution even done voluntarily which would show that the consent of the victim is immaterial in determination of offence and so primarily sex workers argues against the provision stating it doesn’t recognizes sex work as a employment.

Rescue is not always desired or chosen because the decision of the victim would depend on various factors some may chose to rescue others may not. It also doesn’t engage in the current existing laws. The bill has followed the ‘Punishment as deterrence method’ which wouldn’t always work to tackle the causes of trafficking.

There is requirement for structural formation and inclusion of more aspects to avoid vagueness. Rights based approach could be better one in addressing the critical situations regarding trafficking. The bill should also acknowledge problems of marginalized, and voluntary decisions should be legalized by recognizing the consent of the victim. Rescue guidelines need to be issued because that may result in forcible rescue if person doesn’t want to get rescued.