Relevance: GS Paper II (Development and Welfare)
Source:
Why has this issue cropped up?
ON July 26, the Lok Sabha passed the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018.
Human trafficking
- Human trafficking is a serious problem, with thousands of men, women and children being transported and exploited in their own countries and outside every year.
- India ranks among the worst countries in terms of its prevalence.
- About eight million people are living under various forms of modern slavery in India, according to the Global Slavery Index.
- According to the latest National Crime Records Bureau data, in 2016 there were 8,132 reported cases of human trafficking in the country. About 15,379 people were trafficked, of whom 9,034 were below the age of 18.
- Most of the rescued victims reported being trafficked for the purpose of forced labour, followed by the purpose of prostitution) and other forms of sexual exploitation.
The new Bill on trafficking
- According to Minister for Women and Child Development Maneka Gandhi, the new Bill is victim-centric and “will not spare anyone who has trafficked a girl for sex work”.
- It includes rigorous punishment from a minimum of 10 years to life imprisonment and a fine not less than Rs.1 lakh.
- As per the Bill, the victims are entitled to interim relief within 30 days to address physical and mental trauma and further appropriate relief within 60 days from the date of filing of the charge sheet.
- A Rehabilitation Fund has been created for the physical, psychological and social well-being of the victim, which includes education, skill development, health care, psychological support, legal aid and safe accommodation.
- The Bill creates dedicated institutional mechanisms at the district, State and Central levels that will be responsible for prevention, protection, investigation and rehabilitation work related to trafficking.
- The National Investigation Agency will perform the tasks of the Anti-Trafficking Bureau at the national level under the Ministry of Home Affairs.
Lacuna in the Bill
- The Bill is being touted by the government as one that “addresses one of the most pervasive yet invisible crimes affecting the most vulnerable persons especially women and children”. But according to some activists, it does not do so.
- Trafficking for the purposes of sexual exploitation is the most common form of human trafficking and yet the proposed Bill does not include “sexual exploitation” or the “prostitution of others” in its definition.
- Unclear and ambiguous legal language in the Bill was another concern, as it could be misused.
- The new Bill also came under flak from the United Nations for not being in line with international human rights laws.
- Special Rapporteurs (SR) of the U.N. felt that the Bill’s focus on addressing trafficking from a criminal law perspective was not sufficiently complemented by a human-rights based and victim-centred approach, and this risked further harming already vulnerable individuals.
- The Bill seems to promote ‘rescue raids’ by the police, and the institutionalisation of victims in the name of rehabilitation, rather than applying appropriate screening methods and standard operating procedures for the identification and referral of victims or potential victims of trafficking and social integration programs which are respectful of their rights.
- The Bill also seems to conflate trafficking and smuggling of migrants by adding the aggravated circumstance of “encouraging or abetting any person to migrate illegally into India, or Indians to some other country”. This could lead to the criminalisation of all irregular migrants, including victims or potential victims of trafficking, who, because of a lack of safe, orderly and regular migration channels, are forced into the hands of smugglers or traffickers.
- Provisions requiring the Central government to allocate a budget to the rehabilitation fund for victims of trafficking as well as to put in place accountability mechanisms and periodic revision of protection systems included in the previous drafts have not been retained in the current Bill.
- The Bill conflated sex work with trafficking for the purpose of sexual exploitation, which was not in line with the Palermo Protocol.
- Harmful impact of assuming all forced workers as trafficked victims would result in the “forced rescue” of adults earning a livelihood and incarcerated in sudhar grihas (shelter homes), be they domestic workers, bonded labourers, beggars, sex workers or surrogate mothers.
- ‘Rescue raid’ model, whereby law enforcement swoops in and uses the police to “pick up” victims traumatises victims who have no clue why they are being rescued.
- There is no compensation, monetary assistance or livelihood guarantee, which is what victims need most to rebuild their lives.
- The Bill ignores the recommendations of a Supreme Court-appointed panel on prevention of trafficking and rehabilitation of sex workers who wish to leave sex work.
Conclusion
The criticism notwithstanding, there are people, such as the Nobel laureate Kailash Satyarthi, who have welcomed the Bill. More than 18 million people are estimated to have been trafficked for sexual exploitation within the country, and the main targets of this organised crime are minors and young girls in particular. Extreme levels of exploitation and menacing impunity remain a looming threat. The Trafficking Bill responds to this impending peril with a comprehensive and structured solution. We hope that this will become a robust, responsive and accountable institutional framework of prevention, protection and rehabilitation.
