Human Trafficking

Trafficking in human beings is a heinous crime practiced in the modern world. It is often described as modern slavery as it deprives the victims of their most fundamental human rights. This gruesome practice is prevalent in many countries of the world and mainly affects the women and children, though people of all genders, ages and backgrounds are victims of this crime.

• Traffickers use violence, coercion, fraudulent agencies, and fake promises of better education and job opportunities to deceive their victims. In recent times, it has emerged as an organized crime.
• The pandemic has resulted in an increase in vulnerability to human trafficking and interrupted existing anti-traffic efforts in the country.

Trafficking in India

• In the year 2020, during the pandemic, according to NCRB about 1,714 cases of human trafficking were registered by anti-human trafficking units. These victims were trafficked for sexual exploitation for prostitution, forced labour and domestic servitude.
• The conviction rate of human trafficking was abysmal at 10.6 per cent, indicating the lack of state capacity to bring the perpetrators to book.
• Maharashtra and Telangana had recorded the highest number of trafficking cases at 184 each, followed by Andhra Pradesh at 171, Kerala at 166, Jharkhand at 140 and Rajasthan at 128.
• According to Bachpan Bachao Andolan, it rescued more than 9000 trafficked children and 260 traffickers from trains, buses and factories along with law-enforcement agencies since the beginning of the pandemic from across the entire country.

Constitutional and Legislative Provision against Trafficking

• Trafficking in Human Beings or Persons is prohibited under the Constitution of India under Article 23 (1)
• Protection of Children from Sexual offences (POCSO) Act, 2012, which has come into effect from 14th November, 2012 is a special law to protect children from sexual abuse and exploitation.
• The Immoral Traffic (Prevention) Act, 1956 (ITPA) is the premier legislation for prevention of trafficking for commercial sexual exploitation.
• Criminal Law (amendment) Act 2013 has come into force wherein Section 370 of the Indian Penal Code has been substituted with Section 370 and 370A IPC which provide for comprehensive measures to counter the menace of human trafficking.
• Sections 366(A) and 372 of the Indian Penal Code, prohibits kidnapping and selling minors into prostitution respectively. Penalties under these provisions are a maximum of 10 years imprisonment and a fine.

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill was introduced in Lok Sabha in 2018 but it has not been passed by the Parliament. In 2021, the government brought a new Draft Anti Trafficking Bill.

Key Features of the Draft Bill

• Definition: The bill has widened the scope of definition of exploitation for trafficking. Exploitation for Trafficking will include pornography, forced labour, forced removal of organs, or illegal clinical drug trials.
• Expands Scope: It bill will extend anti trafficking provisions to all citizens inside as well as outside India and the law will apply to every offence of trafficking in persons with cross-border implications.
• The scope of the Bill vis a vis offenders will also include defence personnel and government servants, doctors and paramedical staff or anyone in a position of authority.
• Includes Transgender: The bill has extended the protection from trafficking to transgenders. It makes the bill gender neutral. The bill also removes the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim of trafficking.
• Investigative Agency: National Investigation Agency (NIA) will be the national nodal and coordinating agency responsible for the prevention and combating of trafficking in persons.
• Institutions at Central and State Levels: The central government will notify and set up a National Anti-Trafficking Committee, while state governments will set up these committees at state and district levels to ensure effective implementation.
• Timely Investigation: The bill requires that the investigation needs to be completed within 90 days from the date of the arrest of the accused.
• Punishment: The Punishment will be for a minimum of seven years period, which can go up to imprisonment of 10 years and a fine of Rs 5 lakh. More severe penalties can be sought in case of aggravated offences, like the death of a victim. It also includes provision for death penalty in certain cases.

Key Issues

• There are multiple laws in India which deals with specific forms of trafficking. What is lacking in India is a strict implementation and enforcement of laws. Also, there are laws already in place on ‘forced labour’ and ‘sexual exploitation’. With the passage of the bill, there will be overlapping with these laws. There should be one comprehensive anti-trafficking code, repealing all previous laws.
• The bill has prescribed stringent penalties for trafficking, including death penalty. There is no evidence to prove that stringent punishment results in greater deterrent effect on perpetrators.
• The Bill gives the National Intelligence Agency (NIA) authority to combat cross-border human trafficking. The NIA will be burdened by such provisions.
• Issues have also been raised concerning the lack of society-based restoration, lack of a reconciliation mechanism and resources allocated to the rehabilitation of survivors.

Possibilities and Prospects

• There should be one comprehensive code, repealing all previous laws, avoiding overlapping in trafficking legislation.
• Sensitisation of enforcers is also needed; else, whatever the legislative intent, India will continue to experience concerning levels of trafficking.
• In all, trafficking needs a wholesome approach that is cognisant of the causative factors, and sensitive to ground realities.