Cabinet Approves Anti-Trafficking Bill Draft (Download PDF)

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The Union Cabinet has approved the Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018 for introduction in the Parliament, which also proposes a punishment of life imprisonment for repeat offenders.

Image of Cabinet Approves Anti-Trafficking Bill Draft

Image of Cabinet Approves Anti-Trafficking Bill Draft

Image of Cabinet Approves Anti-Trafficking Bill Draft

  • Human Trafficking is third largest organized crime violating basic human rights. At present, there is no specific law to deal with this crime. With this law, the government aims to “make India a leader among South Asian countries to combat trafficking” by addressing the problem “from the point of view of prevention, rescue and rehabilitation”.

Features of Bill

  • Aggravated forms of trafficking: It includes

    • Trafficking for purpose of forced labour, begging,

    • Trafficking of a woman or child for the purpose of marriage or under the pretext of marriage or after marriage,

    • Trafficking by administering chemical substance or hormones on a person for the purpose of sexual maturity etc.

  • Punishment for promoting and facilitating trafficking of person: It includes

  • Producing, printing, issuing or distributing unissued, tampered or fake certificates

  • Registration or stickers as proof of compliance with Government requirements,

  • Commits fraud for procuring or facilitating and acquisition of clearances and necessary documents from Government agencies.

  • Confidentiality of victims and witnesses and complainants by not disclosing their identity. It will be maintained by recording their statement through video conferencing (it will help trans-border and inter-State crimes).

  • Time bound trial and repatriation of the victims. It will be within a period of 1 year from taking into cognizance. It provides immediate protection of rescued victims and their rehabilitation. The victims will be entitled to interim relief immediately within 30 days to address their physical, mental trauma etc. and further appropriate relief within 60 days from the date of filing of charge sheet.

  • Creation Rehabilitation Fund for the first time: It will be used for physical, psychological and social well-being of victim including education, skill development, health care and psychological support, legal aid, safe accommodation etc. It mandates designated courts in each district for the speedy trial of the cases.

  • Creation of dedicated institutional mechanisms at District, State and Central level: They will be responsible for prevention, protection, investigation and rehabilitation work related to trafficking. The tasks of Anti-Trafficking Bureau at the national level will be performed by National Investigation Agency (NIA).

  • Punishment prescribed under it ranges from rigorous minimum 10 years to life and fine not less than Rs. 1 lakh. In order to break the organized nexus, both at national and international level, it mandates for attachment & forfeiture of property and proceeds for crime.

  • Transnational nature of the crime: It entrusts National Anti-Trafficking Bureau (NATB) to perform functions of international coordination with authorities in foreign countries and international organizations.

Significance

  • The Bill addresses one of most pervasive yet invisible crimes affecting most vulnerable persons especially women and children.
  • It will make India leader among South Asian countries to combat trafficking, as UNODC and SAARC nations are looking forward to India to take lead by enacting this law.

Human Trafficking

  • Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others.

  • This may encompass providing a spouse in the context of forced marriage or the extraction of organs or tissues, including for surrogacy and ova removal.

  • Human trafficking can occur within a country or trans-nationally.

  • Human trafficking is a crime against the person because of the violation of the victim’s rights of movement through coercion and because of their commercial exploitation.

  • Human trafficking is the trade in people, especially women and children, and does not necessarily involve the movement of the person from one place to another.

- Published/Last Modified on: July 25, 2018

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