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The Impact of The Anti – Trafficking Bill, 2021 On Human Trafficking in India

1 Comment / Publications, Research paper

ABSTRACT

Human tracking is not a recent crime; rather, it is an ancient activity that was formerly common in the form of “slavery” and was a recognized commercial practice. While the ancient form of slavery is no longer practiced, it lives on in the altered form of human trafficking, which is often referred to as “modern slavery.” The problem of human trafficking has always existed in society. A disease afflicting the country that damages mental and physical health and causes misery. There are now several legislation and government initiatives aimed at improving the lives of these people, but there are also numerous barriers. The scope of the Trafficking in Persons (Prevention, Care & Rehabilitation) Bill, (2021), is expanded to include offenses committed outside of India. Concerns have also been voiced about the proposed Bill’s resources allocated to the rehabilitation of survivors, the absence of society-based repair, and the absence of a definition of reconciliation. The essay highlights how hard it is to eradicate trafficking despite existing laws and government attempts. It highlights the value of raising awareness, enhancing legal safeguards, helping victims, and addressing root causes including poverty and gender inequality. The article’s conclusion highlights the significance of continued efforts to eradicate human trafficking and create a society in which everyone, especially children, may live free from exploitation and enjoy their basic rights.

KEYWORDS

Human Trafficking, Vulnerable, Investigation, Forced Labour, Dignity, Human Rights

INTRODUCTION

“Life is gift of our creator and it should never be for sale” is one of the finest quote I have read. Trafficking in persons involves the movement, recruitment, transfer, harboring, and reception of individuals via the use of coercion, threat, or force. The ultimate goal of these deeds and methods is to employ these people for the sake of exploitation. Prostitution, the organ trade, sexual exploitation, forced labor, slavery, and servitude are just a few of the profoundly humiliating ways in which these people are used. Although the issue affects the whole globe, Sub-Saharan Africa, Central Asia, and South Asia are some of the most severely impacted regions. Traffickers convince men, women, and children that they would be given the greatest jobs in distant nations or locations, and these people blindly trust the traffickers and fall victim to their manipulation. Currently, trafficking in persons is prohibited by a number of laws in India, including:

  • The Immoral Traffic (prohibition) Act, 1956 (ITPA), is the primary piece of law for the prohibition of trafficking for commercial sexual exploitation. Article 23 (1) of the Indian Constitution forbids trafficking in human beings or persons.
  • The Criminal Law (amendment) Act of 2013 has gone into effect, replacing Section 370 of the Indian Penal Code with Sections 370 and 370A IPC. These sections outline comprehensive measures to combat the problem of human trafficking, including the trafficking of children for any form of exploitation, including physical or sexual exploitation, slavery, servitude, or the forced removal of organs.
  • A specific legislation called the Protection of Children from Sexual Offenses (POCSO) Act, 2012, which took effect on November 14th, 2012, was created to safeguard children from sexual abuse and exploitation. It gives detailed descriptions of several types of sexual abuse, such as penetrative and non-penetrative assault, sexual harassment, and more.
  • Other special laws against trafficking in women and children have been passed. Other laws prohibiting child marriage include the Transplantation of Human Organs Act of 1994, the Prohibition of Child Marriage Act of 2006, the Bonded Labor System (Abolition) Act of 1976, the Child Labor (Prohibition and Regulation) Act of 1986, and certain sections of the Indian Penal Code (IPC), such as Sections 372 and 373, which deal with the buying and selling of girls for prostitution.
  • State governments have also passed particular laws to address the problem. (For instance, the 2012 Punjab Prevention of Human Smuggling Act).

RESEARCH METHODOLOGY

A quantitative, descriptive, and comparative examination of the data serves as the foundation for the research article. Numerous secondary sources were used as a model to make this work interesting and effective, including research papers, books, articles, government directives, blogs written by business professionals, international advisories, and such standards. In addition to the aforementioned sources, my inadequate understanding of the subject also contributed to the presentation of the topic’s facts and materialistic components. The focus of this research paper is Indian patent law, and it has a narrow scope of study. This research paper has been written simply, in the author’s own words, and all references are included at the conclusion of the document.

ANALYSIS

Data from the National Crime Records Bureau (NCRB) show that there were a total of 6,616 incidents of human trafficking reported in the nation in 2019, up from 5,788 cases in 2018 and 5,900 cases in 2017.[1]Nearly one-third of all victims of human trafficking globally are children, with the situation for kids in India being particularly alarming. The NCRB 2018 statistics shows that 51% of all trafficking victims were youngsters, with more than 80% of them being female. Due to the Covid-19 epidemic, freshly orphaned children in India also face a higher risk of being trafficked under the guise of adoption, employment, or other means of subsistence and shelter.

 The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, which was approved by the Lok Sabha in July 2018, has been enhanced by the 2021 Bill. Due to the general elections that year, the Bill was not taken up in the Rajya Sabha and eventually expired in 2019. The 2021 draft expands the scope to include crimes done outside of India, while the 2018 plan focuses on human trafficking, as well as rescue safety and survivor reintegration. In the proposed bill, all aspects of human trafficking—including sexual exploitation, forced labor, slavery, sexual servitude, and organ smuggling—will be covered by a common law. Its contents are worrying, especially for sex laborers in India, given that the new Bill broadens the scope and geographic jurisdiction of violations.

PROVISIONS

  • It applies to all citizens, both inside and outside of India.
  • The term “exploitation” will cover “prostitution of others” and other types of sexual exploitation, such as pornography, as well as any act of physical exploitation, forced labor or services, slavery or acts that are similar to slavery, servitude or forced organ harvesting, illegal clinical drug trials, illegal biomedical research, and other similar activities.
  • With measures identical to those in the money laundering Act, property acquired with such revenue and used for trafficking can now be forfeited.
  •  Persons on any ship or aircraft registered in India, wherever it may be; or carrying Indian citizens, wherever they may be.
  • A foreign national or a stateless person who has his or her residence in India at the time of the commission of an offense under this Act.
  • The victim and dependents must get prompt support from the district legal services authority (DLSA), including aid and assistance for medical and rehabilitative requirements, within seven days.
  • The DLSA must provide temporary relief to a victim or dependent within thirty days of the application’s submission and after a thorough evaluation.
  • The inquiry must be concluded within 90 days after the accused’s arrest, according to the measure.
  • The Bill calls for the establishment of special courts in each district that would try to wrap up the trial of cases involving human trafficking in a year.
  • The measure also makes it plain that anybody caught promoting human trafficking or the exploitation of trafficked individuals would face legal repercussions if they advertise, publish, print, broadcast, or distribute any such materials.
  • Additionally, anybody who knows of or has cause to suspect that a person has been trafficked must inform the local police station. Failure to report will be punished by a fine of up to Rs 25,000 or by imprisonment for a maximum of three months, or by both.
  • The state government will designate a nodal office to: (i) combat trafficking in the state; (ii) oversee the performance of district anti-trafficking officers; and (iii) coordinate and oversee the movement of victims, witnesses, evidence, and criminals across state and international borders. The state nodal officer will receive reports from the district police nodal office.
  • Transgender people and anybody else who could become a victim of trafficking are now covered by it, going beyond the protection of women and children as victims.
  • Additionally, it eliminates the need that a victim must be moved from one location to another in order to qualify as a victim.
  • Defense people, government employees, medical professionals, paramedics, and anybody in a position of power will also be considered offenders.
  • In most cases of child trafficking, a minimum sentence of seven years in jail, with a maximum sentence of ten years, and a fine of Rs. 5 lakhs.
  • The punishment for trafficking several children is now life in jail.
  • The offender will also be subject to a fine of at least one lakh rupees.
  • The 2021 draft suggests harsher sanctions for “aggravated offenses,” similar to the 2018 version. Additionally, it aims to dismantle organized crime organizations. [Aggravated offenses include situations when the victim’s death is a possibility.
  • It also covers situations in which the victim experiences severe harm (such as an acid assault), organ mutilation or organ removal, or in when the victim is a minor.]
  • A severe 10-year jail sentence would be imposed for aggravated trafficking. In addition to a fine that might reach 10 lakh rupees, it could potentially result in life in jail.

OBJECTIVE

The purpose of the bill is to increase the territorial jurisdiction over offenses having cross-border repercussions in order to prevent and combat human trafficking as well as to care for and protect victims. Along with women and children, the term “victim” has been expanded to encompass transgender people.  A National Anti-Trafficking Committee, as well as groups at the state and district levels, must be established, according to the Bill. Additionally, it includes methods for rehabilitation that are not included in Section 370 IPC. It also suggests the death sentence for serious offenses and enforces economic punishments by using the Prevention of Money Laundering Act.

SIGNIFICANCE

  • Since everyone has been taken into account, including the transgender population, activities like organ harvesting are now automatically included in its purview.
  • This new rule will also apply to situations like forced labor, when individuals are enticed abroad by promises of employment only to be compelled to work after having their passports and other identification documents taken away.
  • It would be exceptional legislation that not only sought to punish the offenders and provide for the care, protection, and recovery of the victims, but also included all-encompassing prevention measures against trafficking.

CONCERNS

  • The bill is unclear as to how the NIA will use Anti-Human Trafficking Units (AHTUs) at the district and state levels to gather data and intelligence from various regions of the nation. The Bill gives the National Intelligence agency new authority to prosecute offenses in an effort to stop cross-border trafficking. But these additions put more work on the National Investigation Agency. The exact functions of the NIA in comparison to jurisdictional police in rescue operations are not addressed in the Bill. These flaws in the Bill are indicative of the absence of any public input. Given that the draft Bill is only available in English and must be translated in order to be debated with all stakeholders, civil society organizations claim that the period allotted for public input is too short (2 weeks).
  • It was against international human rights legislation, according to the human rights experts of the United Nations.
  • The Bill received criticism for approaching the issue of human trafficking from the standpoint of criminal law rather than completing it with a human rights-based and victim-centered approach.
  • It was noted that several ambiguous rules might result in the general criminalization of actions that don’t necessarily include trafficking.
  • Except for a police officer with “reason to believe” who is not a sub-inspector, the law is essentially silent on rescue procedures. This makes it unclear what the AHTUs’ duty is during and after the rescue effort
  • Concerns have also been raised concerning the bill’s funding for the rehabilitation of survivors, the concept of reintegration being absent, and the absence of community-based rehabilitation.
  • The possibility of forcible rescue of adult individuals who may have been trafficked but do not want to be saved exists even in the presence of rescue protocols.
  • The proposed Bill makes both engaging in sex work and choosing it as a career illegal. The concerns of trafficking and sex labor have been confounded in the draft trafficking bill.

EXPERT’s OPINION

According to experts, the draft bill would result in significant changes. “A significant issue has been cross-border trafficking. Additionally, we’ve seen that property attachment works as a better deterrence than a potential jail term, according to Bharat Chugh, a former civil judge who is now a Supreme Court attorney. He claimed that the proposed bill also contributes to uncertainty. The terms “forced labor” and “sexual exploitation” already have legal definitions. There is a lot of overlap at the moment. Which legislation is to be applied is not specified by the statute. There ought to have been a single comprehensive code that nullified all earlier regulations.

While Section 370 of the Indian Penal Code (IPC) already addresses trafficking, a different lawyer claimed that the current draft has made certain changes. “The draft bill provides for rehabilitation and prevention, which was not there in 370, economic sanctions and treating them under PMLA are also improvements,” said Amit Anand Tiwari, an attorney with the Supreme Court. Nevertheless, he continued, “putting the burden on the NIA is not ideal as it is already understaffed.”

WAY FORWARD

  • To prevent misunderstanding or duplication for enforcement authorities, the Bill should be better re-aligned with the current Juvenile Justice Act provisions and other pertinent Acts.
  • Since clear and uniform regulations are necessary for the Act to be implemented successfully, it would be beneficial for the Central Government to create model rules that the States may utilize.
  • For any significant change to occur, a lot of effort has to be done in a collaborative way, involving important players like the government and civil society groups.
  • Schools, communities, religious leaders, and the local government must recognize and rein in trafficking and bonded labor in villages.
  • The government must start registering unorganized employees right away and raise public awareness of the current social assistance programs and how to utilize them.
  • Sensitization is necessary in situations of human trafficking. The first rule to stop trafficking is to be able to work effectively and efficiently inside the criminal justice system. Additionally, the rising conviction rates necessitate filling open positions and allocating allocated units.
  • There have to be more female officers appointed since the number of women in the Indian police force is pitifully low. Additionally, police officers need to be taught to deal with cases of human trafficking.
  • There should be more money budgeted for law enforcement and victim assistance since there is a severe budgetary shortfall for fighting human trafficking.
  • The central government is required to evaluate the effectiveness of the current anti-trafficking legislation in preventing crime and addressing victim needs.
  • The national and state governments were given a number of legally obligatory directives by the Supreme Court in its decision in Budhadev Karmaskar. Securing the active participation of sex workers in all processes that touch them was prominent among them.
  • In light of the Supreme Court’s directive, the 2021 Bill, which has drawn harsh criticism from sex workers, has to be reevaluated. The MWCD has to go back to the drawing board, reevaluate this Bill, and make sure that sex workers and their advocates are included as the main stakeholders in this process.

CONCLUSION

The most recent version of the bill (July 2021) contains a harsh criminal law that purports to protect weak workers from the worst forms of exploitation at a time when the nation’s labor laws have undergone a paradigmatic shift to appease corporate interests without consulting workers. But is sending them to safety and rehabilitation homes as trafficking victims in the post-pandemic phase, when an extra 230 million Indians slipped below the poverty line and are earning less than the minimum wage, the solution to their plight? At best, the measure will only be a piece of paper; at worst, it will have detrimental effects on the same populations it tries to protect as well as negatively impact economic actors and the general public. It should come as no surprise that a variety of stakeholders have voiced severe concerns on multiple fronts. The bill’s July 2021 iteration needs to be reevaluated. If presented to the Parliament in its existing form, it must be submitted to a standing committee for in-depth assessment and stakeholder participation. The dignity and safety of those who are victims of human trafficking are seriously threatened, and their human rights are gravely violated. The equal rights of men and women are guaranteed by Indian constitutions, but when it comes to actual execution, these guarantees are frequently just words on paper. Strong political will on the part of the government is essential in carrying out its anti-trafficking responsibilities in order to combat trafficking and subsequently defend the human rights of the vulnerable individuals. Thus, any crime that can be turned into a business will eventually turn into a major societal ill, as is the case with people trafficking. If intentional, firm action is done, and laws are developed and properly followed, the situation can still be handled. Together, we can create a society in which everyone, especially children, is protected from exploitation and has the opportunity to live with dignity.

REFERENCES

Author: Shreya Kapoor

Vivekananda Institute of Professional Studies

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