Human Resource & Human Capital

A study by Azim Premji University estimates that nearly 230 million Indians have fallen below the poverty line since the pandemic. The vulnerable populace reeling under such desperation makes the perfect recipe for exploitation. One such form of exploitation is human trafficking. Even today, India lacks an overarching law on human trafficking although there are a multitude of laws that deal with different forms of trafficking. In such a context, the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill 2021 is both necessary and pertinent.

The Existing Legal Provisions Related To Prevention Of Human Trafficking Were Impracticable And Punitive In Nature

1. There are various existing provisions related to the prevention of human trafficking, such as; Immoral Traffic (Prevention) Act, 1986, Bonded Labour Act, Immoral Traffic Act, Juvenile Justice Act, and various provisions of IPC.
2. Definitions of offences, trafficking, and such other terms are very vague and narrow, keeping large sections of victims and criminals out of the ambit of the laws.
3. There is no clear distinction between the trafficked and the trafficker in the existing legal provisions. It often leads to criminal treatment of victims.
4. There are multiple loopholes such as trafficking in the guise of marriage or employment, etc.
5. There is ambiguity in the prescribed process of rescue, investigation, relief, and rehabilitation. Often cases remain unresolved due to the complexity of laws, huge pendency before courts, and bureaucratic red tapism.

How Far The Recent Law On Human Trafficking Is Comprehensive And Progressive

1. Recent comprehensive anti-human trafficking law will treat survivors as victims in need of assistance and protection rather than as criminals.
2. This law aims to unify existing anti-trafficking laws, prioritise survivors’ needs, and prevent victims such as those found in brothel raids from being arrested and jailed like traffickers.
3. The draft legislation provides for special courts to expedite trafficking cases, more shelters, and a rehabilitation fund to help victims rebuild their lives.
4. It also provides for anti-trafficking committees – at district, state, and central levels – that will oversee prevention, protection, and victim rehabilitation.
5. The draft bill makes providing narcotic drugs or alcohol for the purpose of trafficking, and using chemical substances or hormones for purposes of exploitation, offences.
6. The Bill has increased the scope of the nature of offenses of trafficking as well as the kind of victims of these offenses, with stringent penalties including life imprisonment, and even the death penalty in cases of an extreme nature.
7. The fact that the NIA, which looks at national security concerns, will be the main investigative agency, ensures that cross-border offenses are also looked at.
8. The Bill also extends beyond the protection of women and children as victims to now include transgenders as well as any person who may be a victim of trafficking and also does away with the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim.

Concerns Remain

1. There are also concerns about the absence of community-based rehabilitation, the missing definition of reintegration, and also about the funds related to rehabilitation of survivors in the bill.
2. Some experts working in the area have pointed out that in absence of rescue protocol there is always the fear of forced rescue of adult persons who may have been trafficked but do not wish to get rescued.
3. There are also apprehensions that the proposed Bill will criminalise sex work and the choice of sex work as a profession.
4. From draft Bill, it is not clear how the NIA as a nodal agency will gather information and intelligence from different parts of the country through Anti-Human Trafficking Units (AHTUs) at the district level and State level.

Human trafficking places vulnerable people in highly exploitative situations, stripping victims of their freedom and choice. Besides, it is a highly lucrative organised crime that amounts to a billion-dollar industry. The new Bill is victim-centric and prioritises the dignity, care and rehabilitation of trafficked victims. The Bill will have an impact on the lives of thousands of survivors of human trafficking across the country.