Sensitive and precise

Synopsis: The draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill needs to be comprehensive and include causative factors.

Introduction

The draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021 is well-intentioned, to stamp out exploitative trafficking. But the bill lacks few nuances.

Salient provisions of the bill

• The bill aims at preventing and countering trafficking in persons, particularly women and children.
• The bill provides for care, protection and rehabilitation to the victims, while respecting their rights, and creating a supportive legal, economic and social environment for them.
• Furthermore, the Bill has expanded the area under coverage to include offences taking place, not only within India but also outside of India.
• Apart from that, the bill also envisages the setting up of anti-trafficking committees at the State and national levels to implement the provisions
• Reporting of offences has been made mandatory, the bill also prescribes penalties for non-reporting.

Major criticisms with the draft Trafficking in Persons Bill

• Does not include contributing factors: The bill aims to rehabilitate trafficked persons, but misses the situations that led to trafficking. Such as vicious poverty, debt, lack of opportunity, and lack of development schemes.
• Authority of NIA: The bill hand over the investigation of trafficking crimes to the NIA. This has raised few challenges. Such as,
  • The move would burden the already stretched NIA unit further.
  • The move would remove the local enforcement agencies from the picture. Thus, it is an attack on federalism.
• The bill does not consider consensual sexual activity for commerce: This would only land up criminalising sex work and victimisation of the exploited.
• Penalty provisions: This provision did not consider when victims often do not want a complaint to be recorded.

Suggestions

• The Bill was up in the public domain for comments, civil society activists and legal experts. The Government should incorporate the responses to its Bill in order to ensure that the fence does not eat the crop.

While sexual exploitation and trafficking can be ghastly crimes, invoking public horror. Passing an act without enough safeguard would be equally horrific.