Why has this article been published?
Recently, Trafficking of Persons Bill, 2018, was passed by the Parliament.
Need of a new bill/act
- India took a giant step towards the protection of its women and children when the Criminal Law (Amendment) Act was passed by the Lok Sabha in 2013.
- Despite the 2013 law on trafficking, there has been an increase in the number of victims of human trafficking.
- It is to tackle this menace that the comprehensive Trafficking of Persons Bill, 2018, was passed.
New forms of trafficking
There are aggravated forms of trafficking which have been introduced, such as
- trafficking for the purpose of begging, or
- bearing a child, or
- for the purpose of marriage or
- under the pretext of marriage by administering narcotic drugs, hormones, or chemical substances for the purposes of early sexual maturity, and so on.
Provisions of the bill
- Instead of mere criminalization, the Bill seeks to systematically combat the organized nature of trafficking.
- The Bill ties together the approaches of prevention, rescue and rehabilitation to create a robust policy framework against trafficking.
- It places at its core the rights and welfare of victims of human trafficking.
- Under the Bill, prosecution under these offences will be made timely and efficient by special public prosecutors.
- The Bill provides protection to witnesses.
- It also seeks to maintain the confidentiality of victims by recording their statements through video conferencing and by in camera proceedings.
- It states that there will be time-bound trials and repatriation of victims.
- A rehabilitation fund has been introduced for the first time. This will be used for the physical, psychological and social well-being of victims.
- The Bill seeks to build the capacity of victims by providing capital, infrastructure, education and skill development to empower them to access justice and to prevent further trafficking.
- For the first time, the National Anti-Trafficking Bureau will coordinate with authorities in foreign countries and international organisations, and facilitate inter-State and trans-border transfer of evidence and materials.
- There will be State and District Anti-Trafficking Committees which will arrange for appropriate training and sensitization of functionaries of all personnel.
- It is crucial to note that trafficking is an organised crime. In order to break the organised nexus, at the national and international levels, the Bill proposes attachment and forfeiture of property and to remit the proceeds of crime in the rehabilitation fund.
- It will also freeze bank accounts of those whose funds have been utilized to facilitate trafficking. By doing this, the Bill handicaps the organised trafficking networks.
- The Bureau will also develop and monitor a database on every crime under this Act. Such systematic surveillance of offenders will, in about three years, not only help prevent trafficking but pre-empt it
Conclusion
The Bill does its bit. Now we must all come together to use it to deliver justice.
